Workers’ compensation is a form of insurance that covers employees that are unable to work. If you can’t work due to an injury or illness that you sustained on the job, then workers’ compensation is designed to make up for your missing wages. However, workers’ compensation is rarely that simple, and sometimes your employer may even decide that your injury doesn’t entitle you to the benefits.
In this scenario, you need to contact a work accident lawyer or workers’ compensation attorney to fight for the benefits you deserve. However, some baseline knowledge of how workers’ compensation works can be a huge help. So how exactly does workers’ compensation work, and are you actually entitled to benefits in your scenario? Let’s take a look.
Injury
Workers’ compensation is no-fault insurance designed to cover employees that suffer injuries while on the job. As a result, to actually receive workers’ compensation, you need to suffer some type of work-related injury or illness that causes you tangible losses.
Since workers’ compensation is no-fault, you are eligible to receive it regardless of whether your employer caused your predicament or not. In fact, an accident doesn’t even need to occur for workers’ compensation insurance to trigger, as things like repetitive injuries are covered as well. However, one thing is for certain – you won’t be able to claim your workers’ compensation benefits unless there is some type of injury that sidelines you.
Scenarios
Although workers’ compensation is no-fault, there are some areas where workers’ compensation doesn’t cover you. For example, your employer may have you take a drug or alcohol test after your injury, and you could have to forfeit your benefits if it is discovered that you were under the influence during the time of the accident.
Additionally, workers’ compensation usually doesn’t cover injuries that the employee purposely inflicted on themselves or deliberately caused. Lastly, although workers’ compensation is designed to cover you for all work-related activities, commuting to and from your work location is usually not covered under workers’ comp. When you’re hurt on the job, you need to ensure no external factors that could potentially cause you to miss out on your workers’ compensation.
Benefits
There are many benefits that an employee might receive from the workers’ compensation process. The first and most important benefit is wage replacement. If a work injury is bad enough to where you are no longer able to work, workers’ compensation can step in and pay you your lost wages.
In addition, workers’ compensation can cover any medical expenses that you may have incurred due to your work injury.
Finally, workers’ compensation can also provide you with benefits to cover damage from permanent and chronic injuries, as well as survivors’ benefits if a loved one was killed in a work accident. There are many benefits available from workers’ compensation, but what you receive is dependent on each situation.
Process
When it comes to workers’ compensation, there is a lengthy and stressful process involved before you can receive your full benefits. First, your employer is required to carry some type of workers’ compensation insurance, allowing them to cover their employees in case of an emergency.
If an employer fails to have adequate workers’ compensation coverage, then they can receive hefty fines. Once your injury occurs, you’ll have to immediately notify your employer and fill out several lengthy forms.
This aspect of workers’ compensation is critical, as if you don’t report your injury in a specified period of time, your employer may deny you the benefits you’re looking for. After reviewing your injury report and the forms you’ve filled out, your employer should provide you with a list of benefits that you are eligible to receive.
Interesting Related Article: “How do you qualify for workers’ compensation?“