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Here’s What You Should Know About Workers’ Compensation
Whether you’re actively applying for workers’ compensation, or are just looking to learn more about the process, there are some fundamentals that are important to understand. Let’s start with the basics: What is workers’ compensation? Workers’ compensation insurance is a system that protects businesses and employees from financial loss after an employee becomes unable to work through a work-related injury or sickness.
You might hear this referred to as “workman’s comp” or “workers’ comp.” Just know, the terms all mean the same thing. Basically, workers’ compensation is a protective system put in place for serious accidents.
What Does Workers’ Compensation Help Cover And Not Cover?
Every workers’ compensation case is different, and yours may be too depending on your situation. But, in general, this insurance helps cover lost wages you miss because you are unable to work, and it will help with medical expenses. For example, if a worker needs ongoing care due to a workplace injury, these benefits would help cover that.
In addition, workers’ compensation covers funeral expenses if an employee dies as a result of a workplace incident, whether it’s an injury or illness.
There are some situations that are not protected under workers’ compensation benefits. Note that these rules vary state by state, so if you’re unsure what the laws in your state are, contact a workers’ compensation expert.
In some states, workers’ compensation does not cover injuries sustained from a workplace fight that the employee started. Some states will also not cover emotional injuries, meaning injuries that are not accompanied by physical injury or trauma at the workplace. It may not surprise you to hear that some states also have workers’ comp laws that don’t cover injuries caused by an employee being intoxicated at their workplace.
This is a very technical issue that differs from state to state, so if you’re unsure if you’re situation is covered or not, contact your local workers’ compensation office for more specific information.
How Is Workers’ Compensation Paid For?
So how is workers’ compensation paid for? This is another multifaceted question that depends on the situation. What you should know is that employees are not the ones responsible for paying workers’ compensation benefits.
In most states in America, laws require businesses to have workers’ compensation insurance. Texas is rare in that this state does not mandate businesses purchase workers’ compensation insurance.
Where exactly the funding for workers’ compensation comes for depends on what state you are in, the size of your business, what kind of work you do, and how risky your work is.
How Do I File?
Now that you understand what workers’ compensation is, you might be wondering what the filing process looks like. The first thing to note about this process is that it’s important you file soon. The quicker you can file after your accident, the better.
If you are a business owner and have an employee who is either injured on the job or becomes sick because of the work, you should ensure they get the proper medical treatment. This may require you to call an ambulance or make a quick decision. The quicker you can help, the better. Also note that if your employee needs time off to recover from the incident or undergo surgery, you should approve that request.
If you are the employee who is injured, take care of your health. While your employer should direct you to medical help, you should seek it out either way. The other thing to remember is to file quickly after the accident, or as quickly as possible.
For both employers and employees, there’s some information you’ll need to gather before filing a claim. Again, this varies from state to state, but it will help to have some concrete information at hand. You’ll need the details of the incident, meaning the date of the injury, type of injury, and exactly what happened. If possible, you’ll have to provide the injured parties’ potential return date, and how many days of work the employee will lose. If there were witnesses to the accident, include that as well.
Other technical information includes company name and account number, and the injured employee’s information.
Once the information is collected, check it over and then file the claim with your insurance company immediately. The process after this varies from state to state. Wait times will differ, as will the process moving forward. From this point forward, it helps to have legal counsel to turn to for questions and advice.
Luckily, the team at Marshall Grinder Debski Pitts Law Firm is here to help.
About Marshall Grinder Debski Pitts Law Firm
Marshall Grinder Debski Pitts Law Firm is proud to represent working people with professionalism and passion. Their firm focuses on cases involving workers’ compensation, social security disability, verteran’s benefits claims, and other legal matters.
If you’re wondering if you qualify for workers’ compensation, or if you need help
disputing a claim, this team is here for you. They have 40+ years of experience in the field of law and are committed to supporting their clients every step of the way. When you choose this team of attorneys, you can expect quality representation, instant communication, and a dedication to seeing justice.
If you want to learn more about how this firm can help you, visit https://mgdplaw.com/ today to request a free consultation. You can also call their toll free number at (330) 762-0280 for assistance.
