Law

Workers’ Compensation: An Overview

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There are times when it is impossible to work. The reasons behind this vary greatly, but one of the primary reasons is an injury or illness. Occasionally, the injury or illness occurs while on the job or due to some aspect of the job. When this happens, there is a place to turn for the injured individual, workers’ compensation also referred to as workers comp. Some people hesitate to get involved with Workers Comp because the process can seem daunting or complicated. However, if you have enough information about how the process works, you will see that it is not so scary after all. Here you will information about how workers comp works, how to apply when it is best utilized, and the rules and regulations.

It is important to note that there are several rules and regulations that are different depending on what state you reside and work in. There are a few aspects that remain the same no matter your state of residence, but many do vary. One aspect that remains the same is the “no-fault system”. What this means is that the workers’ compensation benefit system is designed in such a way that it does not matter whether or not your injury or illness was caused by carelessness on the part of your employer. This system is meant to protect all parties involved as well as make sure that the injured individual receives the proper benefits that are owed to them.

There are several benefits that an individual will be able to receive from workers’ compensation. This includes recovery. If you do not already know, recovery is a term used for the amount of money or reimbursement for medical treatments receive for your work-related injury. Keep in mind that the no-fault system means that if you are receiving benefits from workers’ compensation, you are not able to file a lawsuit against your employer for damages or punitive damages. The size of the benefits that you receive will depend greatly on the state you are in. Some states are known for being very generous with workers comp benefits while others tend to have a bit of a tight leash on benefits.

This brings us to the next bit of advice, always consult with a lawyer before making any decisions. It is of the utmost importance that you find a lawyer that is well versed in this type of case and all of the workers’ compensation rules and regulations for your area. Many lawyers offer free or discounted consultations so you will not be out a ton of extra money going this route. A lawyer will be able to advise you on whether or not workers’ compensation is the best route for you to take as well as tell you exactly what all of your options are. It is vital to know and understand all of your options before making a decision that could potentially be life-changing. A simple internet search will give you a list of all of the local lawyers that can help you with all of your workers comp and work work-related questions and concerns.

Recovery is not the only benefit that an injured individual can receive from workers’ compensation. Other benefits include lost wages and disability benefits. In the worst case scenario that a person perishes due to an accident on the job, the family may be eligible to receive death benefits from workers comp. Keep in mind that most benefits from workers’ compensation are temporary, particularly recovery benefits.

As a general rule, employers are required to carry workers comp insurance for the purpose of covering employees that are injured while on the job. The first step when you are injured on the job is to seek immediate medical attention. This is a requirement for filing a workers’ compensation claim. Some policies require employees to receive treatment from a specific physician, it is best to check with your supervisor so that you will have this knowledge should you ever need it. If you are not satisfied with the required physician, most workers comp policies allow for a second opinion from a physician of your choice. After receiving initial medical attention, you will need to notify your employer of the incident (if they do not already know) then fill out the appropriate form which they will supply to you. At this point, your employer will most likely file a claim with their workers comp policy. After the claim has been filed there will be a short waiting period, then an agent will contact the injured individual to inform them as to whether or not their claim has been accepted and if so what benefits they are entitled to. In the event that an accident occurs, but an injury is not suspected, the person or persons involved should still report the incident to the employer. It is also recommended to receive a medical examination to eliminate the possibility of an undetected injury going unchecked.

After a claim has been filed and accepted, there is not much left for the injured person to worry about as far as the workers’ compensation claim goes. The responsibilities that remain include documenting how the injury affects day-to-day living and all receipts from out-of-pocket expenses. If any hardships occurred due to the injury, it is vital that the individual obtain proof of the hardship and that it was caused by the injury. If, on the off chance that the claim is denied, the individual will most likely have the opportunity to appeal the decision. There is no guarantee that the appeal will result in the claim being accepted, but there is a chance that it would be.

The information listed here is a compilation of the basics of how an injured person should handle a workers’ compensation claim. Keep in mind that every incident, every claim is a little bit different. Therefore, there is no way to determine exactly how an individual claim will progress. Regardless, this information will be helpful for anyone who finds themselves in the unfortunate position of needing to file a workers’ compensation claim.

Published by Kidal Delonix (896 Posts)

Kidal Delonix is a contributor to Mr. Hoffman's blog. The views and opinions are entirely his/her own and may not reflect Mr Hoffman's views.

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