What is Worker’s Compensation?
It aims at providing financial protection to workmen and their dependents in case of accidental injury by means of payment of compensation by the employer. Worker's Compensation ensures medical care and compensation to workers who are injured on their job.
Treatments covered
The employer, through their Workers’ Compensation insurance carrier, must pay for all “necessary first aid, medical, surgical and hospital services incurred, limited, however, to that which is reasonably required to cure or relieve from the effects of the accidental injury.”
Dealing with Worker’s Compensation
Each state administers its own workers compensation plan. Then, the coverage will vary from state to state. The main scope on the worker’s compensation claim is
- Compensate for employee’s medical expenses
- Compensate the employees for lost wages
- Compensate for the disability due to the injury
The injured worker has a legal duty to properly and timely inform his employer under the worker's compensation scheme. It is very important that to notify the employer and have a proof of that. There are two categories in Worker’s Compensation. They are Scheduled Injury and Unscheduled Injury. Scheduled Injury is Losing the certain parts of the body, Example is Losing the Finger. Unscheduled Injury is the high weakening impact of health, Example is Back Injuries, Shoulder Injuries.
The claiming is based on the matter of how much lost earnings capacity the employees have and it will go on the rest of the employee’s life.
Temporary Disability
It may be an injury or any health loss which makes the employee to be weaken temporarily.
Benefit that covers a portion of the wages while employee recover from an injury and till return to work as per the doctor’s advice.
Permanent Disability
It may be an injury or any health loss which makes the employee to be disabled from earning permanently.
Benefit that can be availed based on the medical reports, age and occupation. It requires a form DWC - Division of Worker’s compensation.
Amount of Compensation
The amount of compensation payable to a workman depends on
- The nature of injury caused by accident
- The monthly wages of the workman concerned
- The Relevant Factor is specified in Schedule working out the lump sum amount of compensation
Understanding the Key Participants
Best Practices of Worker’s Compensation
Employer - Defense Preparation
- Pre-hire Preparation - Past work history, Employment Gaps, Thorough explanation of physical duties
- Timely Post Accident investigation - Witness, Co-workers
- Post Accident Documentation – Only fact based, No Personal Opinions
Mutual Action Plan
- Statement of facts - Case/ Alleged Injuries, Available defenses
- Evaluation of Claim - Preliminary Resolution Strategy, Outline of future activities
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