Workers’ Compensation Act
The state and federal Workers’ compensation acts
were designed to compensate employees who are
injured or disabled on the job without the need for
litigation. Though there are separate laws for state
workers and federal workers, both operate under the
same rationale: to compensate a worker injured or
disabled by job-related accident or disease.
The Workers’ Compensation Act covers injuries
caused by an accident or incident which “arose out
of” and “in the course of” your employment. There
have literally been thousands of court cases
interpreting the meaning of those phrases. But as a
general rule, if a worker suffers an injury that was
caused or aggravated by the job, workers’
compensation is usually available to help cover
medical bills and make up some of the wages lost
when the employee cannot work. Injuries can be as
varied as a laceration, a broken bone, a head or
back injury, as well as hearing or vision loss and
repetitive stress syndrome. Some states do not
provide compensation for all injuries, but only for
injuries by accident, which may be defined as a
separate event preceding and causing the injury.
Workers’ compensation also covers occupational
diseases. An occupational disease is any disease
which is proven to be due to causes and conditions
which are characteristic of a particular occupation
or employment. The employee’s workplace exposure to
the disease must be greater than for a member of the
general public. Diseases of this nature are often
caused by a series of events of similar nature,
occurring regularly or at frequent intervals over a
period of time in the employment. For example,
workers’ compensation covers diseases that arise
from repeated and constant exposure to such things
as coal dust (black lung), artificial butter
flavoring (popcorn packer’s lung), lead (lead
poisoning), asbestos (mesothelioma), and other toxic
substances.
While the federal and state Workers’ compensation
acts were designed to cut down on the need for
litigation to receive benefits, there are times when
an employee must resort to legal advice. An employer
or their insurance company may try to deny you
benefits to hold down their costs. A claim may also
be denied if the paperwork was filed incorrectly or
if medical evidence is missing or incomplete.
If you have been denied workers’ compensation
then you need to contact a
qualified workers’ compensation attorney
immediately to help you defend your rights. An
experienced workers’ compensation lawyer can explain
your rights under the law and help you file
mandatory paperwork quickly and efficiently.
Workers’ compensation laws and procedures differ
from state to state. For more information about your
state, please see our state by state listing of
workers’ compensation laws.
If you would like a recommendation of a reputable
and hardworking workers’ compensation lawyer in your
area, please fill contact us online. |
