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A Quick Note on Workers Compensation

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filling up a work injury claim form

Worker’s compensation aka Workers comp aka workman’s compensation is insurance that entitles the worker for cash benefits along with medical care in case the worker becomes injured or ill while working at the workplace. This compensation cannot be claimed by a worker on grounds of pain and suffering. The premium for the insurance is being paid by the employers and the employees are not required to contribute to the cost of the insurance. 

What are the benefits?

The major benefits that are enjoyed by the workers under the worker’s comp benefit plans include, but are not limited to the following:

Payment of all medical bills related to the injury or the illness

Payment under TTD or Temporary total disability benefits which is an ongoing payment that the worker is entitled to once he is not able to work temporarily owing to the illness or the injury

Payments under PD (permanent disability) benefits wherein the injured worker is entitled for a lump sum settlement in case he is injured to a level where he would not be able to return to work permanently. 

In case of death of a worker, benefits to the survivors of the deceased worker 

Does it vary on liability factors?

The amount that the claimant would be receiving as a part of the workers compensation benefit plan is not dependant on the liable party. This means that whether the accident had happened due to negligence of the worker or due to negligence from the employer’s side, the amounts will not increase or decrease basis that. 

However, if during the course of investigation it is being established that the injury that had happened was a self induced one or was caused due to the intoxication of the employee from alcohols or drugs, the claimant would not be eligible for any amount under the worker’s comp benefit plan. The benefits may also be denied if the injured worker does not go to the medical facility as chosen by the employer.

The claim for workers comp gets processed only when the insurance carrier or the employers agree that the injury or the illness was caused due to the type of work or at the site of the work. In case the claim is disputed by the employer or the insurance carrier, disbursement of the cash benefits will be stalled till the time the court takes a decision on the matter. 

How to claim the worker’s compensation?

To enjoy the benefits of workers comp, one has to file a claim for the same as per the regulations of the state. For filing the claim, the worker has to obtain relevant medical documents and inform the employer about the accident in writing. The claim for worker’s compensation has to be filed within 30 days of the accident in most states. 

Some states have a different timeline to submit the claim. Every state has its own set of rules and regulations, hence it is best to seek help from a knowledgeable attorney would have enough experience in handling workers compensation in that particular state. To know more about the various important points related to Worker’s compensation you may want to visit the following link http://www.samearleyllc.com/workers-comp-lawyers/

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