Workers’ compensation, also known as workers’ comp or workmens’ comp, is an insurance policy meant to safeguard both employer and employee from financial distress due to employee illness, injury, or death. Just as employees need to protect their finances with specific personal insurance policies, employers must do the same with other relevant policies.
Employees will claim worker comp benefits should they fall victim to an illness or injury during working hours. The program intends to pay for the employee’s medical bills and other living expenses due to their permanent or temporary loss of income.
Although many employees know the fundamental principles of workers comp, there are some details that most employers fail to communicate to their workers regarding the policy.
Here are five workers’ compensation claims facts you need to know about as an employee.
Different Laws For Each State
The state regulates the workers’ compensation program. States have their own rules and regulation guidelines that employers must abide by. The workers’ comp regulations are based on local employment requirements such as Employment-At-Will laws.
Employees are hence encouraged to seek legal counsel from an employment lawyer. Therefore, if you require expert advice on Kansas workers’ compensation laws, contact your nearest employment law firm for assistance.
No Need To Prove Employer’s Fault
The workers’ compensation policy is a no-fault program, meaning that employees do not need to prove that their employer is at fault to claim benefits. Employees who fall ill or get injured at work can claim workers’ compensation benefits without verifying that the illness or injury occurred due to the employer’s neglect.
Nevertheless, employees do still need to verify injury or illness with medical reports.
Not All Compensation Is Monetary
Money paid out for medical bills and injury treatment is the most common form of employee settlement; however, this is not the only form of benefits available to employees.
Employees can also claim for rehabilitation and permanent or temporary loss of income. For employees whose injuries or illnesses lead to disability or death, partial salary replacement is provided.
Lawyers Work On A Contingency Basis
If an employee files a complaint or lawsuit against their employer, the employment attorney handling the case usually works on a contingency basis. Therefore, the lawyer will get paid a percentage fee from the settlement received; there will be no attorney fee if the case is lost and no settlement payment.
However, some employment attorneys charge their clients for out-of-pocket expenses such as emails, letters, and court appearances even if the case is lost.
Workers Compensation Eligibility
As much as workers comp is state-enforced employment law, some workers cannot claim benefits. Workers such as freelancers, independent contractors, and volunteers are barred from claiming workers’ compensation benefits; not everyone qualifies for these benefits.
This is due to the employment contract they have signed with the employer. Most freelancers and independent contractors work on a project-to-project basis, which complicates the process of claiming.
The due processes of claiming workers’ compensation benefits are relatively simple to follow; however, depending on the case difficulty, matters can get complicated. It’s crucial to thoroughly understand the rules and regulations of the state you reside.
If you experience difficulty laying a claim, you must seek professional legal counsel from an experienced employment lawyer.