FACTS ON WORKER’S COMPENSATION COVERAGE

By Jinky C. Mesias

Most people work not because they like the job but because of the compensation that goes with the job. The amount of compensation is also covered by state laws. Individual states have its own worker’s compensation laws that handle various claims from employees who are either harass or injured in their jobs. The law calls for a strict liability in terms of the fault as well as the negligence committed by the employers to be established before a claim for benefits can be brought out in court. Likewise, the law also stipulates that the injury or illness has to be acquired during the time of employment, such is required in order for the worker’s compensation system to give benefits to the injured worker. And since there is a stipulation on the worker’s compensation law that provides strict liability on employers fault and negligence then there would be a legal remedy for the sustained injuries or illness of any employee in time of his or her employment.

In addition, the state law also requires that each employee be provided with a worker’s compensation insurance however there are also exemptions and these include small companies especially those with three/four/five employees, domestic workers, farm helpers as well as independent contractors. The worker’s compensation coverage is absolutely shouldered by the employer. The compensation coverage is an additional benefit provided by employers in accordance to the state law and therefore is not deductible from the compensation of their employees. The worker’s compensation coverage provides benefits for job related accidents as well as other injuries pertaining to industrial exposures. The requirement for benefit remains to be the same and that is for injuries to be acquired during the time of employment or as a result of the job being performed by an employee.

Another stipulation included in the worker’s compensation system pertains to benefits that would be provided especially for workers or employees that is suffering from a direct and long term effects of occupational industrial exposures. Some of the industrial exposures that can brought about injuries are exposures to toxic substances that often times render long term effect on the health of workers. Even some of the common substances used in office like latex as well as other chemicals as long as it has a bad effect on the health of the employees these may also be used as basis for applying for benefits under the worker’s compensation coverage. Stress disorders caused by an unhealthy working environment are also an acceptable reason to apply for benefits under the worker’s compensation.

There are three benefits that workers and employees may file for under the worker’s compensation coverage and these are as follows: a) Medical Expense, b) Disability Pay and c) Vocational Rehabilitation.

The Medical Expense covers the hospitalization cost including the doctor’s fee as well as other needed medical treatments. The Disability Pay on the other hand, refers to the income benefits provided for employees and workers who are experiencing temporary disability. However, there are also some cases wherein temporary disability becomes permanent disability still the employee or worker will be provided with an income benefit. The Vocational Rehabilitation is a benefit provided for employees that are unable to perform their usual duties in their occupation and therefore would require them to do some re-training for new trade or business. The physical therapy requirement of an employee or worker is also included in the Vocational Rehabilitation.


About the author:
For comments and suggestions about the article kindly visit Employment Lawyer





Circulated by Article Emporium