Did you know that you have a right to seek compensation if you sustain an injury at work? According to statistics by Safe work Australia, there are over 107,000 workers’ compensation claims files each year.
Under the workers’ compensation system, employers must have insurance that can provide several benefits to their employees who become ill or sustain injuries because of their jobs. Workers compensation helps to protect the wellness of a worker financially.
If you are an employer or employee and you are wondering, how does workers’ comp work? Well, we hope that this guide will answer all your questions.
What Is Workers’ Compensation?
Also known as workman’s comp, work comp or workers’ comp is a system used to cover lost wages and cover medical expenses for any employee who sustains an injury while at work. According to an employer defense attorney, not only does it protect the employee, but it also protects the employer should the employee sue for damages.
This structure is the perfect compromise between an organization and its employees. To provide the coverage, employees are legally required to have workers’ compensation insurance. Remember, it is the employer’s responsibility to provide a safe work environment and PPE for their employees.
Suppose you have sustained a severe injury and you’re filing for workers’ compensation, you can be asked to submit an independent medical examination to assess your level of whole person impairment. To ensure you get it right, it may be good to hire a whole person impairment lawyer to help you with the claim.
How It Works
Any employee who gets sick or sustains an injury as a result of their job qualifies for a workers’ compensation claim. This claim covers workers, whether they are at fault or not. The compensation is paid to the employee by the employer’s workers’ compensation insurance.
Employers are responsible for providing their employees with the right forms within 24 hours, information, and everything else they need to know about the claims process. However, you can also hire a workers comp attorney to help you with the claim.
Once the claim has been filed and approved, the employee can begin to receive the benefits and come up with a plan for returning to work with their employer. Employees get medical care and some portion of their wages while they are off work.
Employees do not necessarily have to be at work to be covered under workers’ comp. Suppose they are on a work-related errand and sustain an injury while at it, they will still be covered by the program. However, injuries sustained when a worker is on their way to work or from work are not considered to be work-related accidents.
Workers’ compensation also does not cover intentional acts like injuries sustained from fighting with other employees, self-inflicted injuries, or if the employee got injured while committing a felony.
Qualifying for Workers’ Compensation
The first thing every employee needs to do when injured is to report the injury to their supervisor. This is because you have a right to medical care. If you are unable to work for any reason because of your injury, your employer’s workers’ compensation insurance should pay you.
Every employee should know how it works, and what qualifies them for it so that they can know if they should make a claim. Besides being an employee, other things are used to determine if you qualify for workers’ compensation.
You should ensure that:
- The injury must be work-related
- Your employer has workers’ compensation insurance
- You have submitted your claim within the right timeline
Your employee can choose to send you to the medical provider of their choice or allow you to see a provider that you prefer. The amount of money paid and how long you might take before receiving it will depend on:
- The industry you work in
- The size of the business
- The history of your claim
- The nature of the injuries
In addition to the medical expenses and wage replacement, the compensation can also include compensation for permanent injuries and vocational rehabilitation. When an employee dies on the job, the compensation can also pay out benefits to your next of kin, beneficiary, or family.
Remember, there are also some pros and cons to accepting workers’ compensation insurance. Though most employees do not give the compensation a second thought, it is necessary to do so. When you accept the workers’ compensation insurance, you are also giving up your right to sue your employer.
The Claims Process
Once the employer has reported the injury with the right forms, the employer should then provide their employee with the fact sheets about their rights and responsibilities for review. If you are not sure about your rights, you can contact your attorney or the agency that is responsible for administering the program.
Both employers and employees have several obligations under the workers’ compensation system. Employers are required to have workers’ compensation insurance. If they fail to cover their employees as needed, they can face a lawsuit.
When to Hire an Attorney
In most cases accepting your employer’s workers’ comp insurance is the best choice. However, every situation is different, and to ensure that you receive the right compensation, you can talk to a Los Angeles Workers’ Compensation Attorney.
Speaking to an attorney is mostly necessary if your injury is life-threatening, or you think the injury might turn into a permanent disability. Your attorney can help you claim maximum compensation. There are even legal experts that provide Free Disability Benefits Case Evaluation.
If your employer does not have a workers’ comp insurance coverage, you can choose to sue them in a civil court. Not only will they pay steep fines, but they will also have to compensate you under a personal injury claim.
Kindly note that not all businesses need to have workers’ comp, independent contractors, volunteers, and domestic workers in private homes, and seasonal workers are not covered by this program.
How Does Workers’ Comp Work? You Have the Answer
We hope that this guide has given you the answer to the question “How does workers’ comp work?” Remember, every employee is legally entitled to compensation if they sustain a work-related injury. If you are not sure of your rights, it may be a good idea to talk to an attorney.
Apart from workers’ comp, you need to learn more tips about the business environment. Keep visiting our site for crucial business news.