Worker’s compensation is a mandatory insurance that the law established to ensure that disabled and injured workers can recover from damages related to on-the-job injuries. A work injury can leave a worker with insurmountable medical bills and, in certain cases, it can keep the person from returning to work at all. When someone is injured at work, the at-fault party should pay.
The Basics of Worker’s Compensation
Worker’s comp varies slightly by jurisdiction, but generally, anyone who employs a certain number of people must buy the coverage. Certain exceptions exist for sole proprietors and farmers, and when worker’s comp is bought, employees cannot sue employers for personal injury; rather, they can recover with the help of a workers’ compensation law firm.
Rules of Worker’s Comp
Rules for worker’s compensation insurance stipulate that employers need not be negligent in order to be held liable for a worker’s injury. If an injury happens on the job, and if the employee wasn’t in violation of company policy, the employer must pay even if no negligence exists. Injuries don’t have to happen in the workplace; they can happen anywhere, as long as the employee is performing job duties.
Recovery Rules
Because worker’s comp is independent of tort law, the rules for recovery are different: a worker cannot sue for lost wages or pain and suffering, but medical bills are paid by the employer automatically. The worker can also be compensated for lost wages, although they must miss a certain number of days to be eligible.
Additional Stipulations
Depending on the circumstances of an injury, a worker might also be eligible for additional compensation according to a state schedule; for instance, states may assign pre-set dollar values for certain injuries or levels of impairment. If an injury keeps a worker out of a job for life, worker’s compensation insurance may pay a lifetime income, depending on the nature of the work injury and the client’s situation.
A work-related injury can leave a worker struggling to make ends meet, and it can have lifelong consequences; however, worker’s compensation is there to protect the employee by paying medical bills and lost wages, and to protect the employer from being sued for personal injury.
