Workers’ compensation is insurance that covers expenses related to a work-related injury or illness. Employers purchase it to stop employees from suing their employer for work-related injuries. Workers’ compensation is needed when an employer has one or more employees in most states.
Workers’ compensation insurance companies must pay for an employee’s temporary disability payments. However, states vary on how much compensation is required.
Workers’ compensation benefits typically include:
To satisfy workers’ compensation requirements:
A workplace injury or workplace accident is any injury that happens during employment at the regular site for work. However, not all “on the job” injuries can be compensated for through workers’ compensation. This is because workers’ compensation demands that the injury be related to the job task or the employee’s job descriptions. Therefore, the injury must also be “job-related” to be covered by workers’ compensation.
There are many circumstances where you may be able to sue outside of ordinary workers’ compensation routes. It sometimes may be required to file a non-workers compensation claim, especially where worker’s compensation isn’t available as an option for recovery.
There are several steps you must follow to obtain workers’ compensation.
You must:
Workers’ compensation benefits injured workers regardless of whether the injury was the employer’s or the employee’s fault. As long as your injury is work-related, it is covered under workers’ compensation.
Typical injuries covered are:
Workers’ compensation provides for almost every type of injury at the workplace. Nevertheless, various kinds of injuries remain uncovered:
Several classes of workers are not entitled to workers’ compensation benefits.
The following are workers not covered by workers’ compensation:
Note that workers’ compensation laws can differ by state. For example, California workers’ compensation laws may differ from other areas.
These non-workers compensation claims often yield greater possibilities for an injured party to recover damages for their losses. In a typical workers’ compensation claim, disability payments are usually somewhat lacking. They may not cover all the costs and losses that have to be shouldered by the injured party.
In comparison, a successful non-workers compensation lawsuit will typically cover:
Finally, one significant difference between workers’ compensation and a private lawsuit is the availability of punitive damages. Punitive damages aren’t available in workers’ compensation claims, but they are often a significant aspect of a civil lawsuit. A punitive damages award can help deter the employer or third party from committing the same violations again. They can often result in a significantly higher damages award for the plaintiff.
Many workers don’t seek legal action for their injuries simply because they aren’t conscious of their options. Workers may continue to suffer through losses once they understand that workers’ compensation isn’t an option. Yet, there are many options for legal remedies outside of workers’ compensation.
Some examples of non-workers compensation claims include:
The Subsequent Injuries Benefits Trust Fund (SIBTF), formerly known as the Subsequent Injuries Fund, benefits individuals involved in disastrous on-the-job injuries. It delivers an additional source of compensation for employees hurt at work.
To receive the SIBTF benefits, the injured worker must have had a disability or impairment at the time of their injury. Nearly all states have a Subsequent Injuries Fund. In California especially, for benefits to be paid from the SIBT, the integrated effect of the work-related injury plus the prior impairment or disability must result in a current disability of 70% or more.
The fund lets employers not worry about being liable for employees’ previous disabilities or impairments. In short, the fund enables and encourages employers to hire employees who have disabilities or impairments.
Each state supervises the payments from the SIBTF as a surcharge imposed upon employers in proportion to their payrolls. The SIBTF permits the employee to receive compensation commensurate with her overall impairment or disability for employees with severe injuries. The employer is not held responsible for more than the amount due for a recent injury. In other words, the employer is not held responsible for the employee’s previous disability.
Each state is different with its own set of requirements. In general, the worker must fill out an application for the benefits. You can find the necessary paperwork with your state’s Division of Workers’ Compensation department.
An attorney is recommended to file a claim against the Subsequent Injuries Fund because it is a complicated area of the law. A workers’ compensation attorney can help you file a compensation claim for a subsequent injury. Also, hiring a lawyer can help ensure that a valid claim is protected.
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