Workers’ compensation insurance offers medical care or cash for employees who are injured on the job, or as a result of their job. Laws pertaining to workers’ compensation gives employees the legal right to collect funds for disability, injury, or death that takes place during the course of the individual’s employment. Workers’ compensation laws are classified as no-fault laws.
What Are No-Fault Laws?
Worker’s compensation is no-fault based, which means monetary award or coverage for medical bills is based on the notion that employees who are injured while working deserve compensation for their injury, and that the worker doesn’t have to prove that his place of employment was at fault for the injury.
Attempting to prove fault in these types of cases can take months or even years. During this time, the worker involved in the accident may be missing work due to mobility issues. Missed work also means missed income, which affects the injured employee and his/her family.
The amount of money an injured employee receives isn’t affected by possible negligence or inattention on their part. However, the worker won’t receive compensation if it is proven that the workplace injury was due to the employee’s use of alcohol or drugs. Compensation also won’t be awarded if the worker was intentionally trying to harm themself or others.
What Benefits Are Offered In Workers’ Comp Insurance?
The benefits available in a workers’ comp insurance plan are referred to as “exclusive remedy.” These are the only benefits employees can receive. A worker can’t sue their employer for more benefits.
The employees of a company pay for workers’ compensation insurance. However, workers don’t cover the cost of this insurance. The cost to the business owner is transferred to clients or customers in the charges and fees for the company’s services or products.
How Are the Claims Paid?
Worker’s compensation claims are paid if both the insurance carrier and employer both confirm that the injury is work-related and covered under the worker’s comp policy. If the claim is disputed by the insurance company, the worker won’t receive any cash payments until the judge, mediator and worker’s compensation board for the state determine whether the employee is truly the victim.
In these cases, the worker may receive disability benefits. However, any payments the employee receives while in the disability program will be deducted from worker’s compensation payments once the case is settled.
The Workers’ Compensation Board
Medical care and weekly cash payments are covered by the company’s insurance carrier, due to regulations set forth by the state workers’ compensation board. The board processes workers’ comp claims and is a state agency. It is also responsible for determining whether the insurance company will pay for medical care, weekly cash payments or both, along with the amount(s) that are fair based on the severity of the employee’s injury.
Is Workers’ Comp Available for Employees Who Can Work?
If a worker is able to return to their job but can’t make the same amount of money because of the injury, they may be eligible for benefits that will account for up to two-thirds of the difference in pay. The employee is also permitted to return to work and perform different or lighter duties during his/her healing process.
If you’re not sure whether you’re entitled to workers’ compensation, it’s best to hire a lawyer who is familiar with these types of cases. An experienced attorney will review the details of your case and let you know how much money and medical care coverage you should expect based on the nature of your injury.
