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.
If unable to work due to an accident or job related illness, workers receive a set percentage of their normal salary while they are disabled. Sometimes, payments can continue indefinitely as long as the employee is unable to work. In other states, there is a time limit, and once this point is reached, a lump sum payment is issued and monthly disbursements are discontinued.
Expenses for doctors, hospitals, and medication are normally covered to at least some extent. Under some programs, all medical costs directly related to the claim are paid in full, while others pay only a percentage. Physical therapy and rehabilitation are also included.
Should an employee be deemed fit for work in a different position other than the one held prior to the incident, 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 treatment plan. They will be expected to obey all medical orders, including rehabilitation or therapy programs. Training courses, if ordered, needs to be completed. Employees can also lose their benefits if they are offered restricted duty but refuse to report for work.
If hurt around the job, or made ill 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 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 or her claim.
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