Workers Compensation Law - A Guide to What It Covers And What Not

Legal

We all work to improve the standard of our lives and to provide financial security for our family. However you may be presented with unexpected events at your work place that can have a devastating impact on you and your dear ones. These serious impacts may be in the form of injury at work. Workers compensation law provides protection for workers against financial hardships associated with work related injuries, disabilities or occupational diseases. They are specially designed to ensure that the workers injured are provided with monetary benefits without the need for any litigation. The employers pay for the insurance and the workers are not required to contribute anything towards the cost of this compensation. Sometimes the claim may be denied by the insurance company. Hence it is best to consult an attorney to know what exactly it covers.

What is covered by workers compensation law?

Short term disabilities:

Majority of workers compensation arises on account of short term disabilities wherein they are ill or injured and cannot perform their duties. If you are temporarily disabled on account of sickness or injury then you are eligible to claim short term disability compensation. These injuries may arise from accidental falls, heavy lifting or work related injuries as a result of sheer negligence. The workers can claim compensation for the medical treatment of the injury and a final settlement at the end to compensate for any permanent injuries.

Permanent total disabilities:

If the worker is physically injured or mentally impaired as a result of an accident, wherein the injury or impairment totally incapacitates or disables him from working then he is eligible for permanent total disabilities under workers compensation law. Loss of body parts, disfigurement, paralysis or brain trauma can be so serious that the worker is permanently, totally disabled. However the compensation amount depends on the years of service, qualification and age of the worker. In such a case the worker is entitled for a medical reimbursement for 500 weeks and even lifetime medical benefits if he is paraplegic, quadriplegic or has sustained severe brain damage.

What kind of injuries is not covered under workers compensation law?

Even though the workers compensation law is designed to provide protection and compensate injured workers one should note that every work related injury is not covered. David Marocchi explains in his article what workers compensation law is.  These injuries and claims that are not covered are called as preclusions. Injuries arising from intoxication or drug abuse, self-inflicted injuries, injuries occurring on account of any crime and injuries sustained when the worker was not on duty or outside the scope of duties are not covered under workers compensation law. Similarly injuries arising due to violation of company policies and injuries due to pre-existing conditions not aggravated by present work are also not covered.

Conclusion:

Workers compensation law is very important as it provides protection to the workers in the event of work-related injury or disease. Through the workers compensation scheme the workers who are injured are entitled to weekly payments, lump sum settlements for permanent injuries, payments for medical treatments and even workplace rehabilitation. Unluckily if your claim is not settled then you can approach an attorney and appeal for it legally. Remember if you have suffered an injury during work you are legally entitled for claiming the compensation under the workers compensation law.


Zac Grace

Zac Grace

SEO Strategist at Dejan SEO

Working as SEO Strategist I have learned a lot about various types of businesses and different business forms. I wish to learn more about startups and running your own businesses from ground up.


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