Workmans compensation is a type of social insurance that employers purchase to cover employment-related injuries or illnesses of their workers. It provides injured employees with medical care as well as income or a portion of their income. In turn, the employee waives his or her right to sue the employer.
Background Information
Before “workmans comp” came about, cases of job-related injuries were messy affairs. In order to prove an employer’s negligence, the employee would have to pay for his or her legal defense, which could take a lot money. If the employee loses the case, his job, income, and medical needs would be greatly affected. On the other hand, the employer could also be at a disadvantage as lawsuits were usually expensive, regardless of the outcome. Hence, in 1908, the Federal Employees’ Compensation Act or FECA was enacted in the United States. Over the years, this was followed by individual states, with New York as early as 1910 and Mississippi in the 1940s.
When You Need It
As mentioned earlier, this type of insurance applies to employees who have been injured or disabled due to a work-related situation. Usually, there are three major requirements for a person to qualify: first, the employer must be covered by compensation insurance; second, the person involved should be an employee of the company; and third, the person’s injury or illness should be job-related. Furthermore, special rules apply to other types of employees, including agricultural workers, seasonal workers, domestic workers, and undocumented workers. In majority of states, for instance, agricultural workers are exempted from compensation coverage. Likewise, there are some states that do not require coverage for domestic workers. Meanwhile, there are states that require coverage for undocumented workers, but there are also states that exempt them.
Although the insurance covers a wide range of injuries or situations, there are limitations. If the injuries were found to be self-inflicted, if the worker was not actually on the job when he or she was injured, or if the employee was breaking a policy -- their insurance claim could be denied. Depending on state laws, the injured worker may also be required to take an alcohol test or a drug test.
What You Can Get
Should you happen to qualify for a claim, you could receive medical care, wage replacement, retraining costs, and compensation if the injury is permanent. Typically, the wage replacement amounts to two-thirds of the employee’s average income. Although this may seem modest, the replacement income and benefits are not taxed. Moreover, when an employee misses just a few days of work due to injury or illness, he or she could be eligible for wage replacement.
How to Get Help
Getting injured or ill because of work is not an easy matter, and there is also the risk of an employer disputing your claim. In such cases, you need a workers compensation lawyer who can provide you with legal help and advice. If you find yourself in such a situation, do not hesitate to contact SOKOLOFF & WEINSTEIN to make sure that you get the benefits you deserve.
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