Getting Familiar With The Fundamentals Of Worker's Compensation

By Tim Conlee

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.

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.

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.

When an employee is deemed able to resume work, but cannot perform the job held before the claim, many states offer training for the worker to secure a different position. An example of this would be where a worker who normally stood all day could no longer be on his feet for extended periods and received training in computers. Normally, if he is judged able to work at this new career, he must accept or lose benefits.

Anyone injured in the workplace should report such injury immediately to a member of management. The manager or supervisor will obtain statements from all who witnessed the incident. The injured worker will usually be tested for drugs, since alcohol or illegal drugs are normally grounds for denying a claim. Normally, there are doctors and hospitals designated by the employer or his insurance company for treatment throughout the claim period.

Employees receiving Worker's Compensation payments are expected to make an effort to 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 harmed on the job, or made ill by toxins or working conditions, it is vital 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 advisable to consult an attorney who specializes in worker's compensation law, if the worker suspects the employer or the insurance company could challenge their claim. - 29971

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