WORKERS' COMPENSATION

WORKERS' COMPENSATION

Workers Compensation

Depending on a person's employment classification, they can sue their employer or receive worker's compensation for an injury incurred while on the job. Worker's compensation is a state-mandated insurance program providing compensation to employees who sustain on-the-job injuries. The monthly payments are sent regardless of fault. However, employees receiving the compensation cannot sue their employers for additional financial damages.

You can apply for workers' compensation if you are injured in the course of performing your job, whether you work for a private employer or for the government. This system allows employees injured on the job to get compensation for medical bills, lost wages, and disability payments, for example, that were suffered as a result of the injury. The legal theory of strict liability governs workers' compensation — the employer is liable regardless of their part in the matter. The laws regarding workers' compensation do vary from state to state.

HOW ARE EMPLOYEES COMPENSATED?

Employees are given benefits to:

  • Replace income
  • Pay medical expenses
  • Cover physical rehabilitation

Employees are typically given compensation either over long-term installments or in one lump sum payment.

REQUIREMENTS OF RECEIVING WORKER'S COMPENSATION

In order to qualify for worker's compensation, an employee must have:

  • An employee-employer relationship
  • Work-related injuries

TYPES OF INJURIES COVERED UNDER WORKERS' COMPENSATION

Workers' compensation is designed to provide benefits to injured workers regardless of whether the injury was the employer's or the employee's fault. As long as your injury is work-related, it is covered. Typical injuries covered are:

  • Repetitive stress injuries
  • Illnesses or diseases that are a gradual result of work conditions
  • Traumatic physical injuries
  • Repeated trauma injuries
  • Mental injuries – when associated with physical injury
  • Occupational diseases

TYPES OF INJURIES THAT ARE NOT COVERED UNDER WORKERS' COMPENSATION

  • Self-inflicted injuries (including injuries to you when you cause a fight)
  • Injuries resulting from the commission of a serious crime
  • Injuries caused when your conduct violates company policy
  • Injuries received while intoxicated or under the influence of illegal drugs
  • Injuries where the employee was acting in a reckless manner

WHO IS NOT COVERED BY WORKERS' COMPENSATION?

Several classes of workers are not entitled to workers' compensation benefits:

  • Business owners
  • Independent contractors
  • Federal employees (under the state's scheme)
  • Domestic employees in private homes
  • Farm workers
  • Maritime workers
  • Railroad employees
  • Unpaid volunteers

FILING FOR WORKER'S COMPENSATION

The first step of receiving compensation involves quickly reporting the injury to the employer. The employer must always provide the compensation forms. Then, an employee must:

  • Seek medical attention for the injury and follow any doctor's instructions
  • File the worker's compensation claim with the employer's insurance company

GETTING FIRED FOR FILING A WORKER'S COMPENSATION CLAIM

The majority of states follow an at-will employment relationship. This means that an employer can terminate an employee at any time without or with cause. An exception to this rule is that an employer cannot terminate an employee for simply filing for worker's compensation. If an employer does do this, an employee can sue for retaliatory discharge.

If an employer terminates an employee after a worker's compensation claim is filed, the employee must show:

  1. They were eligible for worker's compensation
  2. They filed or started filing a compensation claim
  3. Their employer threatened to terminate, actually terminated, or acted against them
  4. The termination was initiated because the employee started to or actually filed a compensation claim

HOW CAN A LAWYER HELP ME WITH MY ISSUES WITH WORKERS' COMPENSATION?

If you wish to pursue a workers compensation claim, or are experiencing issues related to your workers compensation claim, you should consult with an experienced and local workers compensation attorney. Workers' compensation laws are state laws, so they can vary from state to state and be confusing.

An experienced workers compensation lawyer can help you determine how to file your claim and collect evidence, and will also be able to represent you in court, as needed. Call our office today or complete the convenient online contact form to set up a consultation.