When an employee suffers a work-related accident or becomes ill on the job, he or she is subject to receive medical treatment through the workers’ compensation program. Under this program, both employers and employees, have various responsibilities. This program is a type of insurance provides coverage to the employees for injuries and illnesses that occur while performing their duties.
Benefits under Workers’ Compensation Program:
Workers’ compensation is a mandated program by the state, and each state has a different set of rules regarding when an employer should acquire this insurance program. Injured employees receive medical care after sustaining an illness or a personal injury associated with work. The employee receives a certain portion of wages when he or she is off work for the treatment. Each state has its own rules of compensation depending on the injury.
This program is based on a no-fault factor which means that the injured employee does not have to go through the traditional legal route to prove the employers’ responsibly to recover. Thus, in exchange, the employee cannot sue the employer for the injuries or illness.
Employees that are covered under this Program:
Every state has its own laws regarding acquiring this program. A few states follow a rule that an employer should have a specific minimum number of employees to be eligible for purchasing workers’ compensation insurance. Whereas other states have ruled that if an employer has employees, he or she can purchase the program.
- Industries: Although it essential for an employer to purchase this insurance program, there are a few industries that are excluded from this coverage. Such as agricultural workers, seasonal or domestic workers. If these employees face injuries at work, they can file a claim under the tort theory of liability, and not under the workers’ compensation program. Apart from it, independent contractors are also excluded from this program.
Injuries Covered under this Program:
The main goal of workers’ compensation insurance is to compensate the injured employees. However, a few states have expanded the scope of their definition of work-related injuries, while a few have allowed only specific injuries to be compensated for.
An injury during performing a duty may not be caused by one incident. There are multiple factors that come into play. For instance, repetitive stress, or an illness that results from constant exposure to a certain environment can lead to a workers’ compensation claim.
Under such programs, it is not necessary that the employee has to be at work when the injury occurred. If a worker was completing a work-related task on an employer’s request, this program may cover those injuries. However, driving to and from work is not covered under this program, in general.
Benefits under Workers’ Compensation Program:
The various types of benefits under this program depend on the nature of the injury, state laws, and benefits provided in the policy. The benefits may also include vocational rehabilitation, survivors’ benefits, apart from wage replacement or medical expenses.
The Claim Process and Legal Issues:
There are a number of obligations that both an employer and employee have under this program. Employers are supposed to purchase this insurance program. If an employer fails to do so, he or she may face a lawsuit with the assistance of a workers’ compensation lawyer.
It is the obligation of employees to report injuries to the employer, if an employee does not report within a certain time limit, he or she may lose the right to receiving benefits. Employers are supposed to inform their employees of their rights and responsibilities.
Author info: John Adams writes about Personal Injury and Social Security Disability. He encourages his readers to realize the importance of aspects of Personal Injury and Social Security Disability. As he loves to share his insight about life experiences, he has contributed to the various online platforms in the same niche.
