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.
In most states, employers contract with private insurance companies for coverage. A few states maintain a public fund, to which employers must contribute, to pay claims to injured workers. Some states use a combination of the two methods. Most employers carry private insurance and the state steps in to cover employers that insurers reject.
If unable to work due to an accident or job related illness, workers receive a set percentage of their normal salary while they are disabled. Sometimes, payments can continue indefinitely as long as the employee is unable to work. In other states, there is a time limit, and once this point is reached, a lump sum payment is issued and monthly disbursements are discontinued.
Normally, all health care costs incurred due to the injury or illness are covered, either partially or completely. Hospitals, doctors, prescriptions, physical therapy, and medical equipment are considered eligible items under the plan.
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.
A worker who is injured on the job should immediately report the incident to a supervisor or manager. Management will collect the statements of any witnesses and prepare a report. Normal procedure is to arrange a drug test for the injured employee, since the presence of illegal drugs or alcohol usually invalidates the claim. Most employers also have designated hospitals or doctors for the initial treatment of work related injuries as well as follow up treatment.
Anyone receiving payments or benefits are obligated to work with the Worker’s Compensation program toward complete recovery. Failure to obey medical orders, attend any therapy ordered, or to participate in re-training often leads to termination from the program. Benefits can also be stopped if the employee refuses to accept an altered position after being deemed capable of resuming a limited work schedule
If injured relating to the job, or made ill by toxins or working conditions, it is important 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 a good idea 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.
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