Know Your Rights: Understanding Workers’ Compensation

Hard working people around the world are busy doing jobs to feed their families and make their dreams come true. However, there are only a handful of people who really pay attention to other things than spending their 8 hours in the office working. These are the people who like to keep information of their rights and privileges. They want to make sure they are not working like animals and that they can raise their voice when their rights are violated. This is how every worker in the world should act but many don’t know their basic rights at work.

In this article, we will discuss a very important right that every worker should be aware of – workers’ compensation. It is important to know what it means, how it works, and what benefits it can provide.

What is Workers’ compensation?

Workers’ compensation is the name given to a type of insurance that protects workers. The protection to workers is given in the form of finances in an event where the worker is injured while performing their duties. The employer is responsible for providing a safe environment to the workers but if something goes wrong and the worker gets hurt, he/she has to be paid for the expenses of covering that injury. These injuries can be temporary, permanent, or at times the incident might even result in the death of the worker. In this particular case, the dependents of the worker are given the compensation.

Knowing Workers’ compensation Properly

There are federal laws that govern workers’ compensation for employees of the federal government. However, all the states have their own laws too to govern workers’ compensation. Since laws can vary from state to state, it is extremely important for you to know about the workers’ compensation laws and acts in your state. You can visit your state’s offices to get information, or find the information online. Make sure you have updated information, so you are fighting for something you deserve or not fighting for something you don’t deserve.

Incidents Covered by Workers’ compensation

It is also of utmost importance that you know what incidents are covered under workers’ compensation law. You don’t want to be fighting with your employer for an incident that is not covered. First, you will not be given any workers’ compensation if you are found under the influence of a drug or alcohol at the time of working. Make sure you stay clean of these substances or else you will lose your right. Secondly, you can’t take advantage of the law by inflicting some damage on yourself. Self-inflicted claims are also void and are not given any workers’ compensation. Furthermore, you are not given workers’ compensation if you were injured when it was not your duty time. The injuries have to be conceded when you are on duty.

What Benefits Will You Receive Under Workers’ compensation?

First of all, the amount of compensation you receive after an incident depends a lot on how much you were making at your job. At the same time, your compensation also depends on the number of dependents that are affected by your injury or disability to work. In normal circumstances, your compensation is less than the actual pay you get for your work. However, other expenses are covered in the compensation that arise from the incident.

For example, all your medical expenses to cover the injury are paid through workers’ compensation. You are given a replacement income too. If you require retraining for a particular job or the same job after the incident, this retraining is also included in the workers’ compensation. Permanent injuries are dealt with differently under this particular law. If you have any permanent injuries, you will receive compensation for them too. In addition to that, if a person is killed on the job then the compensation is provided to the survivors. The family is compensated based on the number of people dependent on the person who has died on the job.

Is Everyone Eligible for Workers’ compensation?

No, that is not the case. If you are working in a private home or as an independent contractor, you will not be given workers’ compensation. Similarly, business owners, maritime employees, volunteers, farmers, casual workers, railroad employees, etc. are not covered by workers’ compensation. It also has to be kept in mind that if you are a federal employee then you are covered by federal workers’ compensation, and you will not be covered under the workers’ compensation laws of the state. In addition to that, there are a few states that will not enact workers’ compensation law on employers who are only operating with five employees or less.

Can You Never Sue Your Employer?

There are circumstances where you can still sue your employer if the workers’ compensation is already in place. In a situation where your employer did something on purpose to inflict harm on you, a work injury claim can be filed in the court. When you are faced with such a situation, you will have to keep in mind that your workers’ compensation rights will be waived off since you have made a claim. Make sure to go for an experienced lawyer if you want to follow this path because winning such a case can award you with lots of benefits including loss of wages, punitive damages to the employer, compensation for mental anguish, etc.

Conclusion

It is extremely important for every worker to know their rights at work, especially workers’ compensation. Being informed about the workers’ compensation laws, incidents covered, benefits, and eligibility is essential. We hope that this article will help you to understand the basic concept of workers’ compensation and how it works. Remember that as a worker, you have the right to a safe and secure working environment, and workers’ compensation is an essential part of this.