Every employer is required to provide employees with workers’ compensation insurance. Workers’ compensation benefits provides insurance protections to workers who are injured on the job and also generally protects protects business owners from civil lawsuits from employees who are injured.
Workers’ Compensation Coverage
When an employee is suffers a work-related injury or illness, workers’ compensation benefits covers the worker’s:
- Current and future lost wages
- Funeral costs if the employee dies
- Medical care costs
- Ongoing care costs
Employees may not be entitled to workers’ compensation benefits if it is determined that they were negligent in causing to injury or illness as at work.
Workers’ Compensation Insurance Requirements
All states require businesses to provide workers’ compensation insurance coverage for those employees. Businesses that fail to provide workers’ compensation coverage could face severe repercussions including payment for injury claims out of pocket, fines, and possibly imprisonment. Business owners that fail to provide workers’ compensation coverage could also lose their business licenses to conduct business in that state.
Some states do not require workers’ compensation coverage for:
- Farmhands
- Insurance agents
- Family members under a certain age
- Casual workers
- Business owners and partners
- Real estate agents
- Temporary employees
- Interns
Workers’ Compensation Claims
When someone is injured on the job, the work must notify their employer and also visit an employer-approved medical care professional. Once they have seen a doctor and received the doctor diagnosis and recommended treatment, the injured employees may start the workers’ compensation claims process with the workers’ compensation insurance agency which, depending on the state, may be a state agency or an private insurance company. If these claims are approved, the recipient will receive any compensation payments and allowed to take necessary leave or assume light-duty job duties until they have sufficiently recoverd.
Workers’ Compensation Coverage Claim Process
Most states have a time limit for when employees can report a workers’ comp injury. This is usually between 30 and 90 days.
Also, although the workers’ comp claim processes may vary in each state, most states require that employees injured on the job to:
- Get immediate medical care.
- Notify your employee or their representative about the work-related injuries or illnesses you have as soon as possible
- Wait for word from your employer or their insurer about the acceptance or denial of your benefits.
- Discuss your benefits or denial benefits with a workers’ compensation attorney in your local community
Federal government employees are not covered by state-regulated workers’ compensation insurance because they are covered by federal workers’ comp. An experienced workers’ comp attorney can help you understand which exceptions, if any, apply to your claim. Let them help you get started today if you’re in need.
Partial vs. Total Disability
The weekly payment amounts employees may receive if they are unable to work after an on-the-job injury is based on the type of injury or illness. If an employee is partially disabled, they typically receive different benefits than someone who is totally disability due to the on the job injury or illness. Disabled employees normally get somewhere between 60% or two-thirds of their average weekly wage.
