http://www.johnfoxassociates.com workers
compensation system tries to streamline the process in which work related
illnesses and injuries are handled. The system provides general solution to
employees suffering from work related injuries and illnesses without the need
of the employees proving the fault.
Therefore,
it lowers the need for litigation as well as lowering the associated costs.
Benefits from workers compensation insurance include temporary disability
benefits, vocational rehabilitation, death benefits, medical care and permanent
disability benefits.
Majority
of the states requires the employers to have a workers’ compensation insurance
which can compensate their workers in case they are injured or falls sick due
to work related causes.
Workers’
compensation insurance can be purchased from state workers compensation
insurance or private insurance companies. In addition, an employer may be
permitted by his state to self-insure for any claim which may come up.
There
are very few states which don’t need workers’ compensation insurance coverage
by employers especially where there is a few numbers of workers than required.
Workers’
compensation insurance cover for most on job injuries and illnesses even those
which result slowly a due to the working conditions. Coverage can apply to already
existing conditions if they are aggravated by a subsequent work related
condition.
Workers’
compensation also apply to illnesses and injuries caused by worker’s own
careless but with some exceptions. For example, if the injury is self inflicted
or is as a result of alcohol or drug influence, the benefits might be denied.
Workers’
compensation plan limits the liability of the employer and of other employees.
However, if an employee is injured due to a third party negligence, he or she
may bring up a claim against the third party who has caused the injury.
For
example, a worker may choose to take a manufacturer or even a supplier of a
toxic substance which caused him or her injury. In addition, the employee can
sue the owner of the building where this injury occurred.
If
an employer causes the injury to an employee intentionally or recklessly, the
employee may choose t avoid the workers’ compensation plan and take the claim
to a court against his or her employer.
The
following are treated just like other employees under the act.
· Students under work study programs
· Emergency medical technician
volunteer
· Officers of municipal, nonprofit
companies and religious leaders
· Special public officer who are
appointed by commission of public safety
Finally,
there are other state workers’ compensation plan exemptions which exist;
Federal statute governs such situation. For example, federal employment
compensation act normally cover majority of federal employees, in addition, it
may cover some private maritime workers under the Harbor and Longshore workers’
compensation act.
Click here to contact your workers compensation lawyer now.
