Comprehending How Worker's Compensation Works
Things began to change around 1911, when American states began adopting their own models of worker protection laws that had been put into place in England and Germany about 30 years earlier. Now states manage 55 different workers insurance programs, and most employers are required by law to possess such insurance.
The value of Worker's Compensation programs is to assure employees will receive guaranteed monetary benefits. In exchange for this assurance, call a "compensation bargain (contract)" or "exclusive remedy, " workers give up the right to sue their employers over on-the-job injuries, as well as employers give up the right to cut back on compensation if a worker is injured through his or her own fault.
In addition to paying an injured or ill worker's wages and medical costs, worker's compensation will pay for physical or vocation therapy for seriously injured workers. The program also might pay future-compensation benefits to a worker who loses a high-paying job because of his or her injury. A worker can also receive compensation for loss of future income if he or she can't continue in a higher-paying job because of the injury. The family of a worker who's killed on the job can receive worker's compensation benefits to pay for the employee's funeral. They also may receive worker's compensation money to offset the loss of the worker's income.
If a worker is seriously injured or ill, worker's compensation also will pay for vocational rehabilitation such as physical therapy or training for a different job. Some programs also pay workers for loss of future earnings, if the injury prevents them from continuing in a higher-paying occupation than they can pursue because of a disability. If a worker is killed on the job, the program pays funeral costs and survivors may receive benefits to replace the deceased's lost wages.
If injured on the job, or made ill by toxins or working conditions, it's important that workers report the injury and file worker's compensation claims immediately. Managers and supervisors should offer workers claims forms to fill out. It may also be wise to consult an attorney who specializes in worker's compensation law, if the worker suspects the employer or the insurance company could challenge his or her claim.
