According to The National Safety Council, a worker is injured at work every seven seconds. This leads to a total of 4.6 million workplace accidents per year. This number only means that no worker is immune to workplace accidents.
Well, every state has laid down rules and guidelines on issues regarding safety at the workplace. Sometimes employers fail to follow the rules putting their employees at risk of injuries.
So, what happens if you get injured at work? No need to go to court to sue your employer since worker’s compensation has your back. Wondering what is workers’ compensation? This article covers everything you need to know.
What Is Workers’ Compensation and How Does it Work?
Regardless of the type of organization, every state mandates employers with the responsibility to take workers’ compensation insurance. Also known as the workman’s comp, the compensation helps cover the employees when they get injured in the line of duty. It also protects employers from a lawsuit in case of such accidents.
Still asking, what is the purpose of worker’s compensation? The workers’ compensation covers medical expenses incurred due to the injury and wage benefits that the person may lose when they’re incapacitated.
Worker’s compensation covers all types of injuries, including sprains, broken bones, occupational illnesses, aggravations of pre-existing conditions, and psychological injuries. In case death occurs from such accidents, the insurance pays the family of the victims, which in this case, is called death benefits.
The Type of Injuries Covered by Workers’ Compensation
While workers compensation is meant to cover injuries at work and protect employers from a lawsuit, there are limitations on both parties. Other states cover all work-related injuries and illnesses, while others cover only specific injuries.
The compensation is not only limited to an injury that occurs at the time of the accident but also repeated ones. For instance, if a worker eventually becomes ill or incapacitated because of continuous exposure to a certain chemical at work, they have the right to file for a compensation claim.
The injury does not necessarily have to happen at the workplace to be covered under worker’s compensation. In case the employee was injured while performing a task for their employer and they get injured in the process, they are liable for the compensation.
However, if a worker is injured on their way home from work, they’ll not be covered under worker’s compensation. Depending on the state, some employers may not be covered if they failed a drug test after the injury.
Inflicted injuries and intentional harm caused by other employees or employers are not covered under workman’s comp. The scope of workplace injury covered under worker’s compensation varies from state to state.
How the Compensation Claims Work
When injured at work, the first thing to do is to report the incident to your employer. Some states have a specified period under which the victim is allowed to report. It’s important to report the injury as soon as possible.
The injured person must visit a health facility and get medical reports to support the claim.
From this point, the victim can now begin the claim process, including all the necessary paperwork and filing forms. Some cases may require you to file a claim at the industrial court. Doing this ensures you, your employer, and the insurance company gets a formal notice regarding the injury.
Once the filing process is done, you will have automatic protection. The insurance will then go through the files and approve the claims. The recipient will receive payment for the consequences of the injury that occurred at work.
Workers’ Compensation Benefits
When an employee suffers an injury at work, they are liable to many benefits covering their medical bills plus part of the wage benefits depending on the type of injury. The kind of benefits depends on nature the injury.
Apart from the medical expenses and wage benefits, an injured employee may also receive other compensations, including permanent injury compensation, vocational rehabilitation, and survivor’s benefits.
But if you’re a federal employee injured in the workplace, seeking medical assistance from a federal workers comp doctor can be an excellent idea. This medical professional is specialized in determining the extent of the federal employees’ injuries, recommending treatment, and overseeing their recovery.
Moreover, seeing a federal workers compensation doctor is typically paid for by the insurance company, so you won’t have to worry about paying for your treatment out of pocket. They’re also required to keep your medical information confidential.
So, if you’ve been injured on the job, you must see a workers’ compensation doctor as soon as possible. Early treatment can help you recover more quickly and thoroughly.
Understanding Your Rights
While the laws regarding workers’ compensation vary from state to state, every employee must understand their rights. The rights and legal procedures might also vary.
You must go through the rights act of your company and equip yourself with enough information. Knowing your rights protects you from any intimidation whatsoever.
For instance, you can refuse some requests from an employer, such as using your own medical insurance for treatment. The employer might also offer you some incentives so that you don’t pursue the claim, this is illegal, and you should gladly refuse such offers.
You will not get into any problems for refusing any offers from your employers as long as you’re within your legal rights.
Here is a summary of your rights regarding worker’s compensation:
- When you suffer and injury or illness, you have the right file a claim at an industrial or compensations court of your state
- You have the right to seek treatment and get a doctor’s report
- Once you’re ready to resume duties, you have the right to go back to your previous job and position
- You have the right to appeal any decision made by the employer, the insurance company, or the court
- You have the right to get a lawyer to represent you through the claim process
Remembering these rights, you can ensure a favorable outcome for your workers’ compensation claim. But to increase your chances of success, work with an experienced and reliable legal professional. Aside from handling the claim, they can help file the necessary paperwork and collect evidence, such as medical reports, photos and videos of the accident scene, witness testimonies, and employer records. They can also help negotiate with the insurance company on your behalf and provide court assistance if required.
Although hiring a lawyer isn’t always necessary, it can be valuable if you’re facing a complex workers’ compensation claim.
Get the Help You Deserve
Now that you understand what is workers’ compensation and everything it entails, it’s now your turn to do your part. Injuries happen to anyone at the workplace, and the sooner you prepare yourself, the better.
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