When it comes to work-related injuries, every state has compensation laws which are designed to compensate those workers who get injured while working. In some states, this law is better known as workmen’s or workman’s compensations. Either way, the law is pretty much the same.
However, there are some specific injury compensation laws and regulations that may vary from state to state. But, in general, the majority of principles are applicable in all states. Here, we will go through 5 important ones that every employee and employer should know.
You don’t need to prove that your injuries were caused by your employer
In standard personal injury situations, people must prove that their injuries were a result of someone else’s carelessness or negligence. However, when it comes to work-related injuries, the compensation law excludes the proof of fault, in order to make it easier for workers to get compensation for their injuries. If you are seeking work compensation, all you have to do is prove that you were injured while working. It doesn’t matter whether your employer was responsible or not.
Not all employers are required to provide workers compensation
In most states, an employer must have at least 3 to 4 employees, in order to be obliged to provide workers compensation. Therefore, if you are working in a very small business enterprise, you may not be entitled to workers compensation. In addition, there are some employees who are not covered by the law. In most cases, the law does not cover casual employees, which are hired from time to time.
You must visit a medical provider to which your employer sends you
Keep in mind that your employer is the one who picks the medical provider you are going to visit, in the case of a work-related injury. Should you refuse to visit that medical provider, your employer has the right to refuse to compensate you for your injuries. If you do visit the medical provider, your employer will be obliged to cover the expenses of the necessary medical treatment.
Workers compensation attorneys work on a contingency fee basis
In most cases, workers compensation attorneys are not allowed to charge their clients a flat fee in order to handle the case. Instead, they are required to work on a contingency fee basis. This means that your attorney will be paid a certain percentage of the amount they recover for you. Should your attorney fail to win the case and recover any compensation, they will not get paid.
The fees must be approved by the Compensation Board or Commission
Every state has its own Compensation Board or Commission. The purpose of these commissions and boards is to settle disputes between the employees and employers in regards to work-related injuries. In addition, the board or commission is also tasked with approving attorney fees, as well. In most cases, the awarded compensation is either one-third, or 33%, or one-quarter, or 25%.
Keep in mind that these were just the basics. For more information and a better insight into the worker’s compensation law and claims, make sure to consult a reputable workers compensation attorney.