When workers suffer from job-related injuries, they can seek compensation under the worker’s compensation law. It is one of the legal rules applicable in all the states that ensure employees get the associated benefits in the event of an injury or accident while at work. The benefits include lost wages recovery, medical expenses, costs of retraining and rehabilitation, and disability payments. The state administers the system and employer contributions finance it. Federal government workers can have easy access to these programs.
States encourage worker’s compensation laws so that it replaces conventional personal injury matters. It also attempts to eliminate risks for the parties involved. Apart from this, employees who suffer injury or become sick due to employment should file a proper lawsuit to prove that the employer is solely responsible. This may lead to delays. It is possible that the employee would lose the litigation and earn no benefits.
From the perspective of the employer, the worker’s compensation law eliminates the chances of litigation as it may lead to larger demands. If an employee is injured or killed due to the employer’s negligence, the employer becomes responsible for ordinary contributions. Worker’s compensation law also acts like insurance, which is compulsory.
Injuries Covered Under the Law
Worker’s compensation law covers employees who suffer injuries at work. Some states expand the definition of injury to include work-related diseases. Other states, however, only allow some illnesses to activate the cover.
A work-related injury could be due to one incident or more. For instance, repetitive stress and injuries or a disease caused by prolonged exposure to some chemicals at work may also trigger a claim.
Employees need not necessarily be at their workplace to get the coverage. However, workers who drive up and down to work are not included in this category. The Walthew Law Firm mainly deals with worker’s compensation law for workers’ benefits and to help them know their rights.
Benefits
An injured worker is eligible for some types of benefits depending on the injury and its nature, state requirements, policy benefits, etc. Besides medical expenses payment and replacement of wages, state laws may include compensation for all types of permanent injuries, vocational rehabilitation, survivors’ benefits, etc.
States also differ in assigning medical providers to a case. While many states allow employers to drive an injured employee to a medical provider of their choice, other states may direct them to visit their medical facility or healthcare provider, if requested.
Claim
Both employees and employers have certain obligations under this system. Employers should have worker’s compensation-related insurance. They can achieve this when they purchase the insurance from a registered insurance agent in their state or even through self-insurance. However, if an employee does not have the necessary coverage, they may be fined with a lawsuit.
Injured employees should report their condition to the employer. There is a particular form that they should submit. If an employee fails to report the injury within a specific time frame, the employee could lose the job. They may also be asked to provide fact sheets regarding the rights and duties to be reviewed.
