Worker’s Compensation plans were initiated in an effort to protect both employers and employees. They are beneficial to employers because the plans protect them from lawsuit. This enables them to accurately budget expenses for claims. Employees benefit because they can continue to receive cash payments while injured, along with some or all of related medical costs. While Worker’s Compensation statutes differ between states, the basic remain 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 injury, 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.
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.
To keep their Worker’s Compensation benefits, employees must cooperate in their plan for treatment. They will be expected to obey all medical orders, including rehabilitation or therapy programs. Training courses, if ordered, have to be completed. Employees can also lose their benefits if they are offered restricted duty but refuse to report for work.
If harmed 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 can also be a good idea to consult an attorney who specializes in worker’s compensation law, if the worker suspects the employer or the insurance company could challenge his / her claim.
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