Workers Compensation Law — Protection For Employers And Employees

Workers compensation coverage provides legal protection and compensation when an injury occurs at a place of business. Learn how workers compensation may come into play if you are unexpectedly injured while actively working.

Workers Compensation Insurance Coverage

Each state has its own workers compensation laws that employers and employees must abide by. New hires and existing employees are covered in most jurisdictions. It is an employer's responsibility to acquire workers compensation coverage and keep the coverage active.

A workers compensation insurance policy is a 'no fault' policy. This type of policy issues payments to the injured, no matter who was at fault when the injury occurred.

This type of policy also provides coverage for accidental death. If someone dies while they are actively working, the surviving family members of the deceased can file an insurance claim. If the claim is granted, the survivors will likely receive a lump sum payment.

The Responsibilities Of An Employer

There are many legalities associated with a workers compensation policy. An employer cannot fire an employee who has become injured on the job. The employer is required to file an insurance claim in a timely manner.

An employer must not discriminate against someone who is injured and who is temporarily unable to handle their job duties. An employer must make accommodations for those who are able to work, but who must be furnished with modifications to their existing job responsibilities. 

The Employee's Role

An employee should be familiar with the workers compensation laws in the state where they work. An employee who becomes injured on the job may not be eligible to sue their employer. A workers compensation policy provides legal protection to the employer. Many situations that result in an employee becoming injured may not grant an employee the right to pursue a lawsuit. 

The Report And The Medical Care

An employee should notify their employer immediately when they become injured. An injury report will be filled out. This report may need to be turned in to the insurance company that the workers compensation policy was purchased through.

An employee must seek medical care. An employer will be responsible for paying for the medical care that an employee receives. The medical care coverage includes the costs associated with emergency room visits, standard office visits, lab work, X-rays, and surgical procedures. An employee who is eligible to receive workers compensation will be granted compensation for a specific length of time.

For more information on workers compensation law, contact a professional near you.