Figuring Out The Basics Of Worker's Compensation

By Janet Fisher

Worker's Compensation programs were enacted to benefit both employees and organisations. Employers are shielded from lawsuits and can thus 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.

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.

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.

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 can work, but not at 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.

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.

Employees receiving Worker's Compensation payments are expected to try and recover by following medical instructions, including any recommended therapy programs. In most states, they can be dropped from the program for refusing to attend re-training classes. They can also find payments stopped if they are found capable of doing light duty work and they won't work.

If hurt on 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 beneficial 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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