Workers’ Compensation: 3 Things You Should Know About It


For the majority of persons, no work equates to no food. A job is necessary to meet the basic needs of life. Not only food but shelter, clothing, and many other things. And sometimes it becomes so difficult to secure a job, that once you do get through with one, you’re willing to go above and beyond.

It could also be, that your job is naturally physically demanding or exposes you more so to situations that can result in injury.  On the basis of what they are, some jobs are naturally more dangerous than others. The odds of you getting hurt as a pole maintenance person is significantly greater than working as a pet groomer. But for whatever it is that causes you to become injured on the job, there’s workers’ compensation.

It Doesn’t Hurt To Have A Lawyer On Your Side

While many companies do offer workers’ comp, the process to get paid can be complicated. It is the right of your employer and insurance agency to subject your claim to close inspection, and that may take some time but automatic rejection should never be allowed to occur. Workers’ comp lawyer David Aylor advises you to push past this denial of compensation. It does not need to end with No. Contact an attorney you trust right away to begin work on that appeal.

Your first course of action after sustaining an injury on the job is to inform your boss if he/she is not aware and to receive medical attention. You should not skip being seen and treated by a doctor and go straight to a lawyer as this will affect how successful your claim is.

Although you are given up to three years to file your claim, better not to dilly dally as the insurance’s response takes time, and if you are denied, filing an appeal could take even longer. There will be a barrage of forms to complete to set the appeal wheels in motion, but no need to worry yourself with this while your case is in the hands of a professional.

Who Is Covered And Who Isn’t?

If you own a business that employs at least four persons, you should have and provide workers’ compensation to the employees. Different states have adopted varying stances on this. Some have mandated it be available while others have left it to the discretion of the employer. It is in your best interest to find out whether your job offers this compensation before signing a contract or agreeing to undertake a particular task.

There are no hard rules for who is and isn’t covered. Please be aware that generally, operating as a volunteer, you do not have grounds to receive this coverage. This does not apply if, for instance, you work voluntarily with the fire department or with law enforcement. Operating as an independent contractor, you have no right under law to receive compensation in the event of an accident. Be very clear that just because you are being paid to do a job, you are not automatically considered an employee.

In some cases and select states, sole proprietors, limited liability companies members, and business partners need to request an exemption from workers’ comp by submitting a waiver.

Certain part-time jobs as those of nannies and maids fall outside the bounds of workers’ comp. Longshoremen, railway workers, and US government workers need to follow a slightly different procedure from the standard state-directed programs. The Longshore and Harbor Workers Act, The Railroad Workers’ Act, and The Federal Employees Compensation Act respectively handle these specific worker injuries.

The Far-Reaching Span Of Workman’s Comp

The benefits you stand to gain from this compensation do not stop at medical expenses but also include ongoing care, lost wages, disability, and even funeral expenses. Based on the extent of your injuries, many medical tests, medications, hospitalization, and surgeries may be needed. Treatment may be long-term in the form of rehabilitation sessions, and follow-up appointments. Workers’ comp will help you offset either all or some of these costs.

Injury goes hand in hand with time off work and thus loss of wages. This can be especially tough if you are relied upon as the breadwinner of the family. Luckily, you won’t lose out on the totality of your income. If your injury results in a temporary demotion to a more manageable position, you could qualify for partial disability considerations.

Total disability would apply if you are unable to return to work at any point in the future. In such a case, two-thirds of your normal salary should be provided to you. A lifetime financial commitment could also apply if the damage to self is extreme.

Death resulting from on-the-job injuries are taken very seriously. As sudden and unexpected as this could be, loved ones would be understandably devastated. On the brighter side, funeral expenses are many times completely covered. This is one less factor to worry about. The family may also qualify to receive a fraction of the deceased’s wages for as long as five hundred weeks.

It is easy to see the value in workers’ compensation. Both employers and employees are protected. Take heed that not all incidents that result in harm whilst on the job will be considered, and some may even result in legal action against you if you attempt to file a claim.

Never show up to work and undertake any job while under the influence of a controlled substance. You risk placing more than just yourself in harm’s way and may find yourself in hot water with the law. At no time should you try to pull a fast one and fake an injury or purposefully cause one? Many workplaces are now outfitted with security cameras. Other employees could act as witnesses against you. Not only will you be out of a job, but a stain could also be left on your professional record that impedes employment somewhere else.

Do your due diligence before committing to a job. Research your state’s stance so that you can make an informed decision. The top priority should always be safety, but if that can’t be helped, then get professional help to secure your comp.