Getting injured at work can be quite stressful. The potential for expensive medical bills and a long layoff from work can be overwhelming for most people. Fortunately, there are laws in place to protect your rights in the event of such an injury.
The government has designed a workers’ compensation system – a set of laws specifying the benefits an employee injured on the job can receive. Workers’ compensation laws also outline the procedures for receiving these benefits.
Workers’ compensation laws vary from state to state. Therefore, it is important to become familiar with the regulations governing the benefits available to you in the region you live and work.
Purpose of Workers’ Compensation
The purpose of these laws is to make sure that injured employees get financially compensated for medical bills and loss of wages due to an injury on the job. Workers’ compensation acts as a substitute for litigation by guaranteeing an employee the right to receive benefits.
Employers and co-workers are also protected under these laws – they limit the amount of money you can receive from an employer and they prevent you from suing coworkers in the event of a work related accident.
This is basically a no-fault system: an injured employee is guaranteed to receive compensation for injuries sustained at work, regardless of who is to blame for the accident.
Even though workers’ compensation prevents you from suing your boss, you can still sometimes file a law suit against a third party who is responsible for your injury. For example, if your injury was caused by defective equipment, you might be entitled to sue the manufacturer of the faulty machinery.
Types of Injuries Covered
The following injuries are typically covered under workers’ compensation:
· Pre-existing conditions made worse at work
· Injuries caused during breaks, lunch hours, and work sponsored activities
· Diseases contracted by exposure to toxic chemicals at the workplace
· Injuries due to mental or physical stress at work
· Injuries caused in the process of carrying out your regular work responsibilities
The following injuries are typically not covered under workers’ compensation:
· Injuries caused by horsing around at work
· Injuries sustained while intoxicated
· Injuries deliberately inflicted on yourself
· Injuries sustained while traveling to work
· Injuries sustained while running personal errands on a break
Procedures to Follow When You Have a Claim
If you get injured on the job, it is important to report the injury to your employer immediately. You should also document everything about the incident in writing and save a copy for your records.
Next, you must fill out a claim form. Your employer is required to give you a claim form as soon as you notify him of the injury. You won’t be able to receive any benefits until your form is completed. Make sure to keep a copy of this form for your records.
Your employer is required to notify its workers’ compensation insurance company as soon as he has your form so that you can start receiving benefits in a timely manner. Make sure your employer complies with this regulation.
File your claim immediately to prevent unnecessary delays in receiving your benefits. Also, it is a good idea to contact a workers’ compensation attorney to make sure that you aren’t being denied services that you are legally entitled to.
