Worker’s Compensation was established to protect both employers and employees. Employers can budget costs by using insurance plans to cover payments to injured workers rather than risking litigation. Employees have access to an income when unable to work due to a job related illness or injury. While Worker’s Compensation statutes are different in every state, the basic plans are very similar.
In most states, employers contract with private insurance companies for coverage. A few states maintain a public fund, to which employers must contribute, to pay claims to injured workers. Some states use a combination of the two methods. Most employers carry private insurance and the state steps in to cover employers that insurers reject.
As a rule, employees who are unable to work due to a job related injury or illness can receive weekly or monthly payments. In most instances, these do not constitute amounts equal to salary but instead are a set percentage. Under some plans, these payments can continue for as long as the employee is ill or hurt, with no time limit. However, in some states there is a point at which monthly payments are discontinued and one lump sum payment is issued.
Medical expenses related to the covered injury or illness are covered in full or in part, depending on the state. Prescriptions, medical equipment, doctors, hospitals, physical therapy, and rehabilitation services are included.
If an employee is capable of work, but not in the position he or she held prior to the injury, most states will provide training to place the employee in a different job. For example, a factory worker who can no longer stand for long periods of time might receive computer training. In most cases, an employee who has been deemed capable of working in this new job must work or forfeit benefits.
A worker who is injured on the job should immediately report the incident to a supervisor or manager. Management will collect the statements of any witnesses and prepare a report. Normal procedure is to arrange a drug test for the injured employee, since the presence of illegal drugs or alcohol usually invalidates the claim. Most employers also have designated hospitals or doctors for the initial treatment of work related injuries as well as follow up treatment.
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 engage in re-training may 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
If harmed relating to the job, or made sick by toxins or working conditions, it’s important that workers report the injury and file worker’s compensation claims immediately. managers and supervisors should offer workers claims forms to fill out. It may also be particularly smart to consult an attorney who specializes in worker’s compensation law, if the worker suspects the employer or the insurance company could challenge her or his claim.
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