FAQ’s on Worker’s Compensation

Workers’ compensation is the oldest insurance program in America. With the rise of jobs in the early twentieth century, work injuries became a lot common and therefore the dangers of operating in factories with machinery had risen also. A system was required to document these injuries and to compensate the employees.

What is Workers compensation insurance?

Workers’ compensation was considered a “no-fault” insurance system providing financial assistance to workers that have been injured at work. In modern times, after documentation and proper recording of the injury (including statements from witnesses) employers use three main standards in accountability in any future settlement regards to lawsuits:

Assumption of Risk

The injury was from an accepted danger related to the work.

The Man Employee Rule

The injury was caused by a fellow worker’s carelessness.

Non-performance

The worker’s inattention contributed to the industrial accident.

Workers had to attend a protracted time for any attainable money compensation. Once employees did win in court, judgments against employers were often substantial and the amounts didn’t correspond to an outlined scale or system.

Workers compensation laws defend those that are treated poorly by the company they work for. The laws were originally designed to make sure that workers who were disabled at the work place are given adequate financial consideration, eliminating the requirement for legal proceedings. 

What does workers’ compensation cover?

State statutes establish this framework for many employment opportunities. Federal statutes are restricted to federal workers or those staff utilized in some vital facet of interstate business. The Federal Employment Compensation Act provides workers’ compensation for non-military and federal workers. 

Compensation is restricted to disability or death sustained within the performance of duties as long as it is not caused by the employee or by intoxication. The act covers medical expenses because of the incapacity due to the accident.

What does Workers’ compensation provide for the victim?

A disabled worker receives a percentage of his or her traditional monthly payment throughout the incapacity period and should receive additional payments for permanent physical injuries or if he or she has dependants. The act also provides compensation for survivors of workers who were in an accident related to work. It is developed by the Workers Compensation Programs.

There are two types of Workers compensation:

  • Temporary disability On the third week a worker can be granted total disability and the amount of 66% of their previous wage for the quarter. If an employee can return to a limited job function, only temporary partial disability may be paid. This is where the specialists come in, to determine work restrictions and any limitations.
  • Permanent disability If our specialists determine a permanent disability has resulted from the work injury, a lump sum based on the percentage of impairment will often be paid.

How can our clinic help with Workers’ compensation in juries?

Immediate and proper documentation is crucial in collecting benefits, staying within state and federal guidelines and regulations, and countering conflicts or disputes (such as adhering to the chain of custody law). Our nationally board-certified team can also consult on vocational rehabilitation and settlements involving death benefits (including estimating lost income and burial considerations). If you or a loved one is the victim of a work injury, our clinic can offer invaluable care and a treatment program to put you on the road to a full recovery.