Essential Guide To Workers Compensation Cases
Workers’ compensation laws are a means of protecting employees against losing income and ensuring their medical costs are catered for during work-related accidents, injuries, or disease. In many states, workers’ compensation coverage is a mandatory requirement. If you have been injured at the work place, read this workers comp essential guide for all the answers to any questions you may have regarding workers compensation.
What Should You Do When You Are Injured?
The three actions you should take after a work related injury are:
Report the accident to the supervisor
Seek medical attention immediately
Request for and fill a workers’ compensation claim form
You should not wait to report an injury until it is unbearable and you cannot work. Failing to report injuries immediately can affect your compensation. Every state has its statute of limitations regarding reporting work accident claims. The waiting period for compensation also varies by state but is usually 3-7 days.
Benefits for Workers Compensation
Any workers comp essential guide will mention four benefits you stand to gain from the program:
Medical treatment: The cost for your treatment and medication up and until your injuries are cured
Disability payments: If the extent of your injuries prevent you from working, this acts as partial compensation for the wages of you have lost by being out of work
Permanent disability: If your injuries cause permanent restrictions or impairment, this form of compensation is based on the seriousness of your disability
Vocational rehabilitation: If you are unable to return to your former job due to your injuries, this form of compensation is meant to pay for training costs for an alternative job
Who Pays Workers Compensation Benefits?
One misconception is that the state will pay for workers’ compensation benefits, but the truth is, the costs are catered for by private insurance firms. The laws in many states require employers to have workers’ compensation for the protection of their employees in the course of work-related accidents. Therefore, workers compensation claims, like car or fire insurance claims, are paid for by an insurance company.
Can Your Employer Fire You?
If you become temporarily disabled due to a work related accident, your employer should not terminate your employment or lay you off. The only exception to this rule is where medical evidence shows that you cannot resume your former occupation. The other exception is when your employer wants to find your replacement or a temporary employee to avoid losing business.
Can You Get Compensated If You Were Responsible For The Accident?
One of the reasons for workers compensation is to help workers who are injured without having to prove fault. However, in some cases, a worker may be denied benefits. For example, if the injuries are self-inflicted or if the injuries occurred when an employee was operating under the influence of drugs or alcohol, workers’ compensation benefits will be denied.
What if I Cannot Return To My Former Job?
Your employer is required to provide you with an alternative post with the likelihood of reduced pay. In case you decline your employer’s job offer, the insurance firm may not be obliged to offer you job placement or training. If your employer does not have an alternative employment position, they will have to pay for your vocational rehabilitation. This program is meant to secure you employment into another industry through retraining or direct placement.
Workers’ compensation offers protection to employees who sustain injuries at work. If you are suffering from a work related injury, you should file a workers’ compensation claim before you lose your right to recover compensation. The workers comp essential guide above will help you file a claim without hiccups. Contrary to popular belief, the process of receiving workers compensation benefits is fairly simple and straightforward.