How Workers’ Compensation Helps You
By Kenton Koszdin Law Office on June 13, 2023 | In Workers Compensation
Workers’ compensation benefits offer coverage for employees who get sick or sustain injuries due to work-related reasons. This program also provides disability or death benefits, and missed wage replacement. Every employee deserves to have their workers’ compensation insurance assist them, but unfortunately, many companies resist providing adequate coverage for their employees to fully recover. The primary motivator behind denying or reducing a valid workers’ comp claim is often for employers to save money, which isn’t the program’s intention. Ultimately, employees should have their needs met in the event of a workplace injury or illness, simply because it is the right thing to do.
Requirements for Businesses
Most states require businesses with employees to provide workers’ compensation benefits. However, each state has different rules, meaning the location where your accident occurred can dictate what happens next and what you are eligible to receive. If you were injured or became ill due to a work-related factor, workers’ compensation benefits should cover your lost wages, medical bills, funeral expenses, and ongoing care costs. If an employee was hurt or became sick outside the workplace or while not traveling for work, they are likely not to be eligible. Benefits may also not be provided for employees who were intoxicated at the time, purposefully caused the accident to get benefits, or instigated a fight with another employee.
Who Gets Coverage
Several factors determine who gets workers’ compensation coverage and who doesn’t. The size of the company often determines if workers’ insurance is needed. Some states have specific laws about whether workers’ compensation should be provided for temporary workers, contractors, or interns. Certain states may not require coverage for farmhands, casual workers, real estate agents, family members under a set age, insurance agents, or volunteers, among others. If you aren’t sure if you qualify for workers’ compensation coverage, consulting with a lawyer can clarify your questions and concerns. Your employer may not be abiding by the law, making it important to seek advice from a legal professional familiar with workers’ compensation employee rights.
Signs of Retaliation
Regrettably, some employers exacerbate a situation that is already difficult. An employee may have gotten injured or seriously sick and now needs medical treatment or continued care. Amidst these circumstances, employers may retaliate against the worker for reporting a workplace accident, applying for benefits, or utilizing their benefits. The reason why employers may do this is that they wish to minimize their expenses, which may lead to discouraging the employee from using benefits, moving them to an unwanted department or role, or even outright firing them without warranted reasons. Anyone who believes they have been retaliated against should speak with a workers’ compensation law firm, like Cohen & Cohen, for advice on how to proceed. Workers’ compensation programs are designed to support workers, and when this isn’t the case, legal intervention may be necessary.
