Workers’ Compensation
According to national labor statistics, about 15
workers lose their lives each day as a result of
workplace injuries and illnesses, and another 15,600
are injured. That equals one workplace death or
injury every five seconds in the US. Because of the
possibility of injury or death in the workplace,
every state and district of the United States has a
policy to award workers’ compensation to the injured
worker or the family of a deceased worker. Most
workers are covered through their state law or
through separate laws for federal employees,
railroad workers, seafarers, longshoremen and
shipyard workers.
The workers' compensation system requires
employers to provide certain benefits to employees
who suffer work-related injuries or disease. The
system operates under three major principles.
- The employee is entitled to benefits
regardless of employer or employee fault. That
gives employees the security of benefits
available even when there is no wrongdoing by
the employer.
- The benefits available to the employee are
limited and do not include some of what the
employee might recover in court, such as pain
and suffering. That protects the employer
against large judgments that might be awarded in
a jury trial.
- The workers' compensation system provides
the exclusive remedy to the injured employee,
meaning the employee cannot sue the employer in
court for negligence.
Workers’ compensation generally covers injuries
“arising out of and in the course of employment.”
That means the employee must establish a connection
between the job and the injury. Depending on the
state, certain injuries may be excluded from
coverage. For instance, purely mental injuries may
not be covered, and an employee who was intoxicated
at the time of the injury may be denied benefits.
The workers' compensation system's coverage of
workers is broad but there are statutory exclusions.
For instance, farm workers, household workers and
executives in closely held corporations may not be
covered. In some instance an employer may argue a
worker is not an employee but an independent
contractor that is not covered by the employer’s
compensation plan.
If you have been injured at work, immediately
contact your employer to let them know about the
accident. If you do not report the injury in a
timely manner, there is a chance that you will
forfeit your right to receive monetary and medical
compensation.
Always see a doctor if you have been injured at
work. Though you may not believe the effects to be
long lasting, certain injuries such as internal
organs or tissue damage may be immediately apparent.
If you do not see a doctor while the injury is
clearly related to work, there is a good chance that
you will be forced to pay for medical bills out of
pocket.
Workers’ compensation allows for payment for both
temporary disability and permanent disabilities that
result from work-related activities. In the
unfortunate case of a worker’s death, workers’
compensation is also available for an employee’s
spouse and children.
The Workers’ Compensation Act varies from state
to state. Follow the link to see a list of worker’s
compensation laws by state.
Federal Workers, Longshoremen and Harbor
Workers
Federal employees are subject to federal workers’
compensation laws, not those of the state in which
they reside. The Longshoremen and Harbor Workers'
Compensation Act provides compensation benefits to
approximately 500,000 workers for disability due to
an injury or an employment-related occupational
disease occurring on the navigable waters of the
United States, or in adjoining shoreside areas, and
for certain other classes of workers covered by
extensions of this act.
Filing for workers’ compensation is very
important if you have been injured on the job. The
money and medical care you receive while injured
will allow you and your family a comfort zone while
you recover. Without the benefits offered by
workers’ compensation, the threat of debt
accumulating from medical bills and loss of wages
can be astounding. If you have been denied workers’
compensation, you can appeal and request a hearing
before your state’s workers’ compensation agency or
board.
Whether filing for the first time or appealing, a
workers’ compensation attorney can be invaluable in
saving you time and money. If you are being denied
benefits or feel that you are not receiving the full
amount that you’re entitled to, please contact a
qualified workers’ compensation lawyer who can help
you determine the amount that you should receive for
disability as well providing you with sound legal
advice. |
