Workers Compensation

workersWorkers’ compensation laws provide money and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease on-the-job. Workers’ compensation is designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. It is intended to benefit the employee and employer alike. The employee receives money (usually on a weekly or biweekly basis) and medical benefits in exchange for forfeiting the common law right to sue the employer. The employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined. The question of negligence or fault is usually not at issue.

Employee Information

Dealing With Your Employer

Most employers do not like to pay workers’ compensation premiums, but they understand that they want to have protection and insurance for their workers injured on the job. Employers generally are fearful of workers who have been injured on the job because they feel their premiums will increase or the employee will take advantage of the benefits available.

worker-compensationMost employers are generally concerned for workers who are injured on the job and want to ensure that the injured worker receives care. Unfortunately, there are some employers who are not concerned with these things and this may present problems for the injured worker. An employer can either help or hinder an employee’s case and this is especially true at the very beginning. The more aware you make your employer of the injury and the facts surrounding the accident or injury, the more inclined the employer will be to help the injured worker with the case. On the other hand, if the employer is not concerned about reporting the accident or ensuring benefits are paid or suspect of the injury, the employer may not give good information to the insurance company or may slant the information so that the insurance company is suspect of the claim and delays payment of benefits while they investigate the claim thoroughly.

Some employers who are hostile may attempt to intimidate or coerce the injured worker for filing a claim. This can result in all types of problems for the injured worker and the injured worker may be able to sue the employer who retaliates or coerces him because he has filed a claim for workers’ compensation benefits.

Generally speaking, an employer has a duty to post notices of your legal rights under the workers’ compensation law and advise with this posting that injured workers have the right to receive medical benefits and other indemnity benefits if they are injured on the job. They are also required to provide the name of the insurance company and provide medical care when notified of an injury on the job.

It is always better if you try to communicate with your employer concerning the facts of the accident, the medical situation, and the problems you are encountering as a result of any injury or disability.