Understanding Workers’ Compensation: What You Need to Know

If you are injured or get ill at work, it may be covered by workers’ compensation insurance. In most states, businesses in certain categories are required to carry this coverage. However, not all states require employers to have workers’ compensation coverage. Even when they do have coverage, employers or their insurers may try to avoid responsibility for your injuries.

Workers’ compensation insurance is supposed to help employees get coverage for workplace injuries without having to establish fault on the behalf of the employer. All that employees need to prove is that they had an injury or illness that occurred at work. They can occur because of a single incident or as the result of repetitive injuries or exposure to workplace toxins.

It is important to understand the workers’ compensation system in order to get your benefits. Your employer establishes protocols that you must follow. Unless it is an emergency scenario, you may have to go to the doctors that they designated.

Your state will also have filing deadlines and requirements. You must follow your state’s rules for reporting the injury and filing a claim. Your human resources department should be able to provide you with information on how to file the claim.

One of the major hurdles that people have to jump in order to get workers’ compensation is demonstrating that they were an employee. Independent contractors do not qualify for workers‘ compensation coverage. However, the test is not how the employer designates the worker. Instead, the test is how much direction and control the employer has over the worker.

The other major hurdle is proving that the injury occurred in the course of employment. That can include many things that people may not think of as work, such as attending a work function.

If you qualify for workers’ compensation coverage, you should be entitled to medical benefits, lost wages, loss in earning potential, and more. While the benefits are not as extensive as general personal injury claims, they can be comparable depending on the extent of your injuries.

If you have questions about workers’ compensation coverage, you may want to consult with a workers’ comp attorney. These attorneys can advise you of your rights and responsibilities under your state’s laws. They can represent you in negotiations with your employer’s insurer. They can also represent you in any hearings or litigation regarding your workers’ comp claim.