Worker’s compensation law revolves around the insurance which covers the worker or the employee under any injury or illness caused during work through fair compensation through cash benefit or medical care.
Employers having taken the insurance for their workers, the insurance company
will take care of them in case of any injury or illness and the workers cannot
sue the employer under this insurance. The law not only covers small or event
injuries but also cover the problems or illness experience after the accident
such as back pain or mental disorders.
The detailed law might change from state to state across
United States so to know the exact bylaws, you should visit the state’s worker
compensation body. A common thing across entire United States is that having
worker’s compensation is mandatory for all employers. However, your state can
have varying laws and definitions. Each state has their own definition of whom
to be considered as an employee, what types of injury would it cover, how to
perform claiming procedures and how an employer can defend against claims.
Employers pay insurance installments regularly and cannot
ask for the employee to pay for it. The worker’s compensation board is a
central body which processes all the claims. Under a dispute, the Worker’s
compensation board decides if the employee will receive the cash benefit and/or
medical care. Worker’s compensation benefits are calculated based on the
payroll and the type & severity of injuries employer’s usually deal with.
The compensation can be weekly or monthly or as directed by the board. The law
states that the claim is not judged based on the careless of the victim or the
employer’s fault. The claim will provide the sum of money or medical care
assured to the employee upon need. However, the employee loses the claim if the
injury or disability has been occurred under the influence of drugs or alcohol
or with a purpose to injure him/herself intentionally.
Once the insurer (or in some cases employer) verifies that
the injury took place because of the work, the claim can proceed further. If
they think otherwise, the claim falls into dispute and rests upon the decision
of the Worker’s compensation body. The time during which the claim stays in
dispute, the worker can receive the disability benefits which would later be
deducted from the claim amount. Under a case where you cannot work the same as
you did before, you are entitled to receive a benefit and an alternate duty as
well. Also, the federal and state laws prevent employers from discriminating
between employees by firing or any other form of action against their
compensation claim.
Although the worker’ compensation covers the claiming process,
under a circumstance where the employee feels either the injury was intentional
by the employer or was out of scope of his/her work, he/she can rightfully sue
the employer. Under such cases, if the employee feels like, he/she can hire a
lawyer or a law firm that can protect his/her interest in the dispute. Having a
law partner such as Ankin Law Office under such case can greatly benefit and
enable to have a strong argument against the offenders.