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It’s not uncommon for employees to be injured at workplace or to develop illnesses due to toxic workplace exposures in Alaska. While an employee is supposed to seek worker’s compensation benefits, not all injuries and diseases are covered. The insurer covers only those that arise in the course of employment. The unfortunate thing is that most of the diseases take too long to develop. However, this should not deter you from pursuing a civil lawsuit as this is the only way you can receive compensation. The main important thing is to prove that the injury or illness resulted from workplace hazards. If you have sustained an injury or illness as a result of the unfavorable working environment, you can be able to file a claim to receive worker’s compensation benefits. However, it wouldn’t make sense if you were to think of filing a claim without understanding the legal options you have. You can get to understand the available options from an experienced lawyer who can help you build up a strong case and ensure you get what you’re entitled to.
Type Of Injuries And Illnesses Covered By Worker’s Compensation
Getting worker’s compensation benefits is not easy, especially for those who have never been involved in such cases. That’s why you may require an experienced personal injury lawyer in Wasilla to help you make the right move while claiming for your benefits. Another reason is that it becomes more complicated when one suffered doing something job -related outside of work premises or when the injuries took a lot of time to show up. In such circumstances, you would be making the wrong decision if you think of self-representation.
There are so many types of workplace illness or injuries an employee may suffer from. Some of them include:
Toxic related disease: This is one of the main issues that results to workers illnesses. An example is the exposure to mold in workplace. Many lawsuits are arising from such since the mold has many health risks. For instance, one may suffer from invasive aspergillosis, which may damage the lungs or other body tissues.
Pre-existing conditions: An employee may have a pre-existing health condition that could be aggravated by unfavorable working conditions. One example is an existing back pain that could become worse by lifting heavy objects in stores.
Mental or emotional injuries: An employee may suffer mental illness because of exposure to stressful work conditions. However, it requires the help of an experienced lawyer to establish the link between the mental illness and the workplace
Repetitive stress injuries: Most of the workplace illnesses or injuries develop over time. For instance, if one is exposed to loud sounds, one may develop hearing loss.
If you have suffered from workplace injuries or illnesses, the employer is supposed to help you get medical attention as soon as possible. The employer should purchase the worker's compensation insurance because if there is nothing to cover you from such illnesses or injuries, he/she may be subjected to criminal penalties. Your employer is supposed to submit a report of injury or illness within 21 days after learning of such injuries. If you have been injured and the insurer has controverted your benefits, you may consider retaining the services of an experienced lawyer. The lawyer must be conversant with worker’s compensation cases.
Which Are The Benefits To Be Received?
If you’re able to prove that your injuries or illness was connected with your work, you may be entitled to the below workers' compensation benefits.
Death benefits: In the case of an employee’s death, the surviving spouse or children may receive benefits. Some weekly payments may continue to be paid to the deceased dependents, which would be equal to the employee’s total disability compensation rate.
Medical benefits: The employee receives these benefits for a maximum of 2 years after the injury. However, this may be extended until the necessary recovery from your injuries is obtained. For the medical benefits, you should be keen to check what your doctor includes in the report. If there is no report that you’re unable to work, you may not receive any disability benefits. Further, you should also note that the insurer should pay any money spent on transportation to your medical facility. You can claim this by keeping travel receipts.
Disability and impairment benefits: These are benefits arising from total or partial disability benefits or for temporary or permanent disability.
Reemployment benefits: These are received when you can’t return to your employment position after the injury or illness. Our reemployment benefits will be approved after the insurer gets a report from a rehabilitation specialist. Again, you will also be eligible for the benefits if the doctor confirms that you have a permanent or partial impairment, or your boss does offer you suitable alternative employment.
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Published on June 05, 2020
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