Understanding The Basics Of Worker’s Compensation

Worker’s Compensation programs were enacted to benefit both employees and employers. Employers are shielded from lawsuits and can thus control their costs through insurance designed to cover payments for claims. Employees receive compensation in the form of monetary payments as well as coverage for at least part of their medical expenses. Worker’s Compensation laws vary from state to state, but most facets are the same.

Funding for compensation programs is normally provided in one of three ways. In the majority of states, employers are required to obtain policies from insurance providers to cover their claims. In a very few states, employers pay into a state operated fund that processes claims and distributes payments. And finally, there is a combination method employed by some states in which the state fund covers only employers reject by private insurers.

In general, workers who are injured on the job, whether from accident or occupational illness, are entitled to receive a percentage of their salary until they can return to work. There is usually a waiting period of several days before the program begins. In some states, payments continue until the employee can resume normal work duties, even if this takes years. Other states pay for a set time frame, after which a lump sum settlement is made if the employee still cannot work.

Normally, all health care costs incurred due to the injury or illness are covered, either partially or completely. Hospitals, doctors, prescriptions, physical therapy, and medical equipment are considered eligible items under the plan.

Should an employee be deemed fit for work in a different position other than the one held prior to the accident, most states furnish training for the new job. For example, someone whose previous position required standing all day, but who can no longer do so, might be trained as a computer operator. If an employee refuses to accept the training or the position may have to forfeit future benefits.

Any worker who suffers an injury while at work should immediately notify a manager or supervisor, who will obtain any eyewitness reports and file a report. A drug test will probably be ordered for the injured worker, since alcohol or drug usage normally leads to a denial of benefits. The employee will likely be required to use the hospitals or physicians that the employer designates.

Anyone receiving payments or benefits are obligated to work with the Worker’s Compensation program toward complete recovery. Failure to obey medical orders, attend any therapy ordered, or to participate in re-training can lead to termination from the program. Benefits can also be stopped if the employee refuses to accept an altered position after being deemed capable of resuming a limited work schedule.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!

0 Responses to “Understanding The Basics Of Worker’s Compensation”


  • No Comments

Leave a Reply