Worker’s Compensation programs were enacted to benefit both employees and employers. Employers are shielded from lawsuits and can thus control their costs through insurance designed to cover payments for claims. Employees receive compensation in the form of monetary payments as well as coverage for at least part of their medical expenses. Worker’s Compensation laws vary from state to state, but most facets are the same.
In the majority of the states, companies purchase coverage from insurance companies. Only a handful of states utilize a public plan, which is funded by mandatory payments from employers. Other states have a hybrid program. Under these arrangements, employers are to contract with insurance companies for coverage. Those that cannot obtain coverage in this manner, such as those rejected by private carriers as high risk, will pay into a public plan.
In general, workers who are injured on the job, whether from accident or occupational illness, are entitled to receive a percentage of their salary until they can return to work. There is usually a waiting period of several days before the program begins. In some states, payments continue until the employee can resume normal work duties, even if this takes years. Other states pay for a set time frame, after which a lump sum settlement is made if the employee still cannot work.
Medical expenses related to the covered injury or illness are covered in full or in part, depending on the state. Prescriptions, medical equipment, doctors, hospitals, physical therapy, and rehabilitation services are included.
If an employee is able to work, but not in the position he or she held prior to the injury, most states will provide training to place the employee in a different job. For example, a factory worker who can no longer stand for long periods of time might receive computer training. In most cases, an employee who has been deemed capable of working in this new job must work or forfeit benefits.
Anyone injured in the workplace should report such injury immediately to a member of management. The manager or supervisor will obtain statements from all who witnessed the incident. The injured worker will usually be tested for drugs, since alcohol or illegal drugs are normally grounds for denying a claim. Normally, there are doctors and hospitals designated by the employer or his insurance company for treatment throughout the claim period.
To keep their Worker’s Compensation benefits, employees must cooperate in their treatment plan. They will be expected to obey all medical orders, including rehabilitation or therapy programs. Training courses, if ordered, must be completed. Employees can also lose their benefits if they are offered restricted duty but refuse to report for work.
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