Workers’ compensation is a complex thing to understand. In fact, most people don’t know anything about workers’ compensation until they need to actually file a workers’ comp case, and even then they are confused about many aspects of it. A workers compensation lawyer in Philadelphia pointed out that it’s important for people to know the very basics of filing a workers’ compensation claim so that they have a better chance of getting an attorney that will help them win their case if they do end up needing legal assistance.
If you are thinking about filing a workers’ compensation claim, or you are simply wondering what workers’ compensation is, here are some things you should know.
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What You Need to Know About Workers Comp
Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees that were injured on the job. However, there are various complexities and issues that often arise when dealing with worker comp cases. In order to avoid these complexities and issues, here are the top 3 works comp inquiries explained.
What Qualifies You For Workers Compensation?
There are two main things that make a person eligible for workers compensation, those things are:
- You must be an employee of a company that has workers compensation insurance
- You must have been injured at work/ suffering from job-related injuries
With that being said, one may still be left with unanswered questions such as is my work-related illness covered by workers comp? Will I qualify for workers comp if the injury was my own fault?
If you contracted an illness while on the job, you should be covered by workers comp. This is true for people that were exposed to a harsh chemical unknowingly, for people that did damaging and repetitive work every day, or for people that were not provided with the proper safety/sanitation measures while at work. Work-related illness can happen immediately, or it can happen over time, however, it must be reported upon finding out that you have an illness.
Likewise, if the injury/illness was your fault, you may still be eligible for workers’ compensation as it is a no-fault system. However, it’s important to point out that if the injury was your own fault, it will likely be investigated to ensure that it was not intentional and that you were following standard protocol.
How Does the Workers Comp Process Work?
The workers’ comp process varies for everyone, however, the standard steps include:
- After an employee was injured on the job and has submitted the injury to the employer, the employer must provide the appropriate paperwork and guidance
- Next, the employer must file the claim with the insurer and comply with the state’s law in regards to reporting work injuries
- The insurer will then approve or deny the claim
- The employee will either return to work or file a workers compensation lawsuit if he or she does not feel that they received the compensation that was deserved
Can an Employer Refuse to File a Workers Compensation Claim?
Employers can refuse a workers comp claim if the employee was not actually injured at work, if the employee did not seek medical treatment, if the injury is not compensable by the state’s law, or if the employee does not notify the employer within a certain amount of days of becoming injured or finding out about an injury/illness by a doctor.
Understanding Workers Comp
Unless you are a workers’ compensation lawyer, it isn’t imperative to know the ins and outs of workers’ compensation; however, it will help to know the basics in case you ever need to file a workers’ comp claim. Keep these simple and easy-to-understand answers in mind whether you are an employee or a business owner, they may be crucial one day.
About the Author
Veronica Baxter is a blogger and legal assistant living and working in the great city of Philadelphia. She frequently works with Larry Pitt, Esq. a busy Philadelphia workers’ compensation lawyer.
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