Workplace Injury and Workers Compensation |

Job Injury and Workers’ Compensation

The probability of a job injury is higher if physical energy is mainly required and which is entitled to Workers’ Compensation.

Getting Workers’ Compensation from an employer while nurturing a work-related injury shouldn’t be a war of no return. 

However, not only when the job requires human strength, i.e., physicality, before a workplace injury may occur.

Understanding Workers’ Compensation (abbrev. Workers Comp) availability could relieve employees’ financial worries.

Knowing that a system exists to care for injured workers medically or financially could boost workers’ morale and productivity.

What is a job injury or workplace injury?

Workplace injuries can differ in severity, considering how the incident occurred.

But the reality is that an injury that takes place while you are on the job is a workplace injury

Implementing an adequate system to prevent injuries is crucial, which all employers need to do.

Occupational injury is hazardous; protecting yourself can help eliminate physical damage to one’s body.

What is Workers’ Compensation?

Workers’ Compensation is a form of insurance that provides medical and, or financial benefits to injured workers who become ill as a direct result of their job engagement.

Injury not covered by Workers’ Compensation

Worker’s Compensation covers all workplace or work-related injuries; however, Workers’ Compensation does not cover self-inflicted wounds and injuries. 

Workers’ Compensation also does not cover recreational or leisure health problems while conducting personal business, which has nothing to do with your work or job. 

What are Workers’ Compensation benefits?

Workers’ Compensation tends to differ based on location, i.e., Countries, States, Cities, etc. Lost wages replacement is one of the most common benefits.

You may also be entitled to other medical and rehabilitation benefits. 

Who pays for Workers’ Compensation?

Workers’ Compensation is a form of insurance provided by the employer.

It is the employer’s responsibility to pay for the cost of the insurance in totality.

It does not require the employee to contribute to the cost of Compensation.

Can I Sue after taking Workers’ Compensation?

Workers’ Compensation aims to protect employers’ and employees’ interests.

You must realize that once you opt-in for Workers’ Compensation, you eliminate your chance of suing your employer for the same injury. 

Simply put, the Workers’ Compensation will remove your right to sue your employer regarding the same injury that has been taken care of medically or financially

Employees receiving Workers’ Compensation agree not to take legal action against their employer.

In contrast, employers preferably choose to take care of liabilities, i.e., injured workers, in the cheapest form to prevent litigation which could amount to a vast sum of money.

What to consider regarding Worker’s Compensation

Workers’ Compensation payments can sometimes be susceptible to insurance fraud.

For instance, if an employee falsely reported that they sustained an injury on the job or exaggerated the severity of an injury. 

Workers’ Compensation being a form of insurance, is subjected to investigation.

When an employee is found guilty of falsifying an injury, they could face insurance fraud punishment, leading up to prison time.

Also, suppose an employer declines an employee’s Workers’ Compensation claim. The Workers’ Compensation Board may resolve the situation in such a case. 

According to many state laws, employees, not independent contractors, may receive Workers’ Compensation from an employer. 

However, laws are changing faster than we can imagine. Companies are being generous towards their hardworking independent contractors.

For example, ride-sharing companies are leaning towards providing benefits for injured independent contractors.

How to apply for Workers’ Compensation

Workers’ Compensation application requirements will vary from one state to the other.

However, there is a general rule of thumb, i.e., steps to follow in a case of a work-related injury.

  • Report it: A well-written descriptive incident report of how the injury occurred. Make a note of the event, time, date, location, witness, etc.,
  • File Workers’ Comp: Request the Workers’ Compensation claim form from your supervisor, manager, or human resources personnel, depending on your workplace business setup. File the completed form with your state workers’ compensation board immediately.
  • Documentation: Gather relevant documentation for proof. E.g., Doctor reports, Emergency Ambulance records, Injury photography, First-Aid treatment, etc.,
  • Hire Attorney: Supposedly, your employer declines your Workers’ Compensation claim. You may need legal assistance to avoid paying out of pocket for medical expenses and recouping lost wages. Or better yet, if you are willing to know how to receive the maximum benefits, you can also use a lawyer.

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Safefellow Editorial Team

This post is a collective effort of the @Safefellow editorial team. It gives us immense pleasure to share our knowledge with you, and we hope you find the readings informative and educative.