Understand The Difference Between An Injury Eligible for Workers Compensation Vs Disability

When you file a workers compensation claim you often make the assumption that you have been hurt while performing your duties at work. This is true and not to be confused with a disability claim that happens when you an injury occurring outside of work makes it impossible for you to do your job.

Disability insurance is designed to cover an injury that is considered short term or long term. Disability insurance is not something that is held by your employer. It is most typically part of your health benefits. Disability will pay you a portion of your regular pay for the time that you are out sick or injured. Once you get better the payments stop and you go back to work.

Disability is also commonly used to give new mothers time off from work after the birth of a baby. The insurance gives the mom partial compensation while they recover from birth and adapt to their new family.

The physical location of the injury as well as how it was caused is the major deciding factor between disability and workers compensation. However there are some other things to consider. Sometimes, a major injury occurs and although it happens outside the workplace it could happen as a result of a minor work injury that occurred earlier. At the time of the injury it may not require major medical treatment. Perhaps a visit to the doctor or chiropractor and the injury heals without the employee missing work. However the injury may leave you more likely to suffer from that kind of injury again or to further aggravate the old injury. If a month later your back is injured outside the work place, it is possible that the new injury still falls under workers compensation and not disability despite the location.

This gray area makes it vital that you visit your physician immediately after suffering from an injury at work. You also need to report it to your employer so that the incident can be properly documented.

These details make it so important to hire a work injury attorney to protect your rights as an injured worker. Disability is only a fraction of your pay. If your injury entitles you to full pay under workers compensation you would want to go with that option.

Speaking with a qualified attorney about your workers compensation claim can help you better understand the process as you work to get the compensation you deserve.

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