Most everyone has heard of workers’ compensation, but unless you’ve been through it, you may not really have a full understand of how it works. Here, our experienced workers’ compensation lawyer goes over the basics of workers’ compensation to help you better understand the program if you find yourself needing to file a claim.
Each state mandates their own workers’ compensation programs. The information notifying employees of their rights if they are injured while working must be posted in each place of employment. A workers’ compensation claim form must be supplied to injured employees within 24 hours of an injury. Only employees are covered under workers compensation – independent contractors are not covered.
If a claim is approved, the employee receives payments for lost wages, prescriptions and medical expenses. The amount of benefits received and the process for filing claims varies according to state law. Any injuries that are self-inflicted, that occur while the employee was violating their employer’s policy or that involved alcohol or drugs are not covered. When an employee accepts his workers’ compensation benefits, he forfeits the right to sue his employer. The only exception to this rule is if the injury was the result of an intentional act committed by the employer.
If the injured employee does not recover to the point he can return to work, or has limitations as a result of the injury, he may be entitled to disability pay. If the injury results in the employee’s death, the surviving family may be provided some type of benefit from worker’s compensation, including payment for lost wages, funeral and burial expenses.
Contact us today if you have been injured on the job.