Workers’ compensation is a type of accident insurance provided by employers to benefit employees. States require most private companies to provide workers’ compensation insurance. The burden of paying workers’ compensation premiums does not rest on the employee, and nothing comes out of your paycheck to pay for this coverage.
If you suffer an injury on the job, you can file a claim with workers’ compensation. This is similar to how you might file a car insurance claim after an accident. Upon approval of your claim, workers’ compensation may pay for your injury-related medical bills and part of your lost wages. It may provide additional compensation for specific losses, such as the loss of eyesight, hearing, or use of a limb.
Is Workers’ Compensation Private or Public
In most states, the government mandates private employers provide workers’ compensation coverage to their employees. Often times, a private insurance company will administer workers’ compensation benefits. In other situations, the funding may come from a state-run fund.
Some states have funds to pay benefits for situations where an employer is out of compliance with the program. This safeguard exists to protect a worker who may receive a claim denial for their benefits because of an employer’s mistake or lack of compliance.
Who Can File for Workers’ Compensation Benefits?
Any worker who suffers an injury on the job and whose employer participates in workers’ compensation may file for benefits. It does not matter if your employer was at fault for your injury or was responsible in any way. You are not suing your employer for damages or filing a claim against them; rather, you are filing an insurance claim to pay for your injury damages.
There are situations where workers’ compensation claims may receive a denial. These cases are those involving drug and alcohol use at the time of injury, and situations where injuries were a result of grossly reckless behavior.
If you have or need to file a workers’ compensation claim and have concerns, consult a lawyer. An attorney with expertise in this area can help you prepare for potential challenges to your claim.
Suing Your Employer for an On-the-Job Injury
A trade-off of receiving coverage via workers’ compensation is the waiver of your right to sue an employer. But if a non-employer third party caused or contributed to your work injuries, you may be able to sue the third party.
Consult an attorney about your rights following a work injury. If you suffered a disabling injury, you might qualify for workers’ compensation and Social Security disability.
The Law Offices of Ogle, Elrod & Baril, PLLC can help. Call 866-628-8179 for a free case evaluation.