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How Injured Must You Be to Claim Workers' Compensation?

Most workers are familiar with the term "workers' compensation." Workers' compensation refers to the program under which injured workers who suffered as a result of working conditions can get compensation for their injury costs (these might include medical bills and lost wages). The stipulation for filing for workers' compensation is that you must be able to prove that your injury is work related or was re-triggered by working conditions. This might include physical injuries such as broken bones, or mental and emotional injuries like depression or anxiety disorders. You might feel like you do not have the grounds to file a workers' compensation claim, but your injury actually does not need to be serious.

There is no specific level of injury required for an employee to file for workers' compensation benefits, so don't fret if you didn't get sent to the hospital. Any time a work-related injury is sustained, the injury can be submitted through the proper processes to the workers' compensation insurance carrier. It is the amount of benefits received that will vary depending on how serious your injury was. So if you do not require much medical treatment for your injury or your work is not significantly impacted, you might not qualify for as much workers' compensation as another employee.

Employers are prohibited from harassing employees on the grounds that the employee filed a workers' compensation claim. However, a survey in 2013 found that fear of retaliation following a claim filing prevented some workers from filing reports. Up to 10% of workers each year will decide not to report their injuries because they do not want to be punished. However, under OSHA employers cannot discriminate against employees because they filed a workers' compensation claim. In fact, if you are fired, harassed, or otherwise retaliated against because you filed a claim for an injury, you could have the grounds to sue your employer.

If you are still confused whether or not you qualify for injury benefits call the Kyle Law Firm today so we can answer your questions aboutpersonal injury and workers' compensation. It is important that you take care of your health, and fear of your employer should not stop you from filing a claim-no matter how "serious" the injury is.

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