No one expects to injure themselves on the job. But it happens! Despite having more than 7 million workplace accidents, workers are reluctant to file a workers’ compensation claim. They fear that while doing so, they might lose their job or have negative repercussions.
If you have received any injury while working, you must know the rights and laws surrounding the worker’s compensation.
What Is Workers’ Compensation?
Worker’s compensation is an insurance program that ensures benefits to the workers who have been injured on the job. The workers’ compensation claims help the injured workers cover up their medical bills and lost wages.
While it might seem like another business expense for the employers, it can protect the businesses from potential litigation from the employees getting sick and injured on the job.
Most people think that workers’ compensation is there to help the workers, but the truth is that it existed primarily to protect the employers. After all, paying the workers’ compensation is far better than fighting a lawsuit.
Whether you are an employee or employer, understanding the workers’ compensation law is necessary to know your rights. To better understand what your rights are, contact BWO workers compensation attorneys.
How Does Workers’ Compensation Work?
Workers’ compensation law is governed by state law. As with all the other tax pay rules, workers’ compensation law differs depending on which state you live in. However, if you are working under the federal government, there is a separate federal workers’ compensation system.
The overall structure of the workers’ compensation system is the same for all the states. It is just that some states have their own laws in addition to the federal; laws, some don’t.
The only difference you will find between the workers’ compensation law among all the states is the rates paid to injured employees. You must understand that not all the problems that occur on the job are covered.
Here are a few coverages that might get denied are for the injuries:
● Caused by drugs.
● Caused by intoxication.
● That are self-inflicted.
● That are felony-related.
● That are the result of the company policy violation.
Facts About Workers’ Compensation Laws
Workers’ compensation helps the employees cover their medical bills and lost wages. This is what makes it a boon for the employee. However, before you can start taking the law for granted, there are a few things you must know about workers’ compensation.
1. Not Everyone Can Receive Compensation
No matter what type of injuries you have incurred, there is a possibility that you are not eligible for compensation. For instance, if you are working for a small organization, chances are you might not be eligible. This is because some starters need the business to have a proper structure before securing their workers.
2. Exclusive Remedy Rule
There is an Exclusive Remedy Rule law that might restrict you from filing a lawsuit against your company. This rule dictates the benefits provided by the worker's compensation and considers it only a remedy provided at the time of the accident.
3. Compensation Amount Depend On Wage
The amount of the compensation varies depending on the wage. However, in almost all cases, the compensation amount is less than you have made as an employee.
The damages are usually categorized into three groups:
● Medical bills.
● Lump-sum settlement.
● Lost wages.
4. Filing Compensation Claims Will Not Affect Future Jobs
Some employees think that being involved in litigation will ruin their future opportunities. However, that is simply a myth. Yes, employers indeed do a background check on employees. But that happens only to ensure the candidate has a clean background.
Know Your Rights!
Understanding workers’ compensation laws can save a lot of time and stress in the event of injury. But what about your claim being accepted? How would you know you are fairly compensated for?
To better understand your legal situation, you need a lawyer by your side. They can help you move forward in the legal waves and guide you towards getting a fair settlement.