Workers' Compensation Basics
The workers compensation "bargain agreement"Workers compensation is a type of insurance that pays a portion of the worker's salary and medical care when an injury occurs while working. This compensation is given in exchange for relinquishing the worker's right to sue their employer for negligence. This trade off is known as "the compensation bargain."
Employers are prohibited from doing any type of retaliating actions such as disciplining or firing employees as a result of filing for a workers compensation claim, or taking action against another employee who may assist someone else in their claim for worker's compensation. The process for filing a claim is:
1. Provide notification to the employer about the employee's injury, which is potentially compensable, by giving notice to the manager of the employee within 30 days of the date of the injury. If the employee is unable to give such notification such as in the case of a hospitalization, this requirement may be excused provided that the employer is aware of the injury.
2. The employer submits a report to the workman compensation insurance board and the insurance carrier who sets the workman's comp rates.
3. The insurance carrier then begins paying the employee the appropriate rate of compensation and medical bills.
Know what types of injuries workers comp covers
Learn about the rate of compensation through workers compCompensable workman's comp monetary claims usually receive around 66%, or around two-thirds, of the employees regular salary or wages. However, they consider other issues that involve whether or not an employee's accident or injury-related damages are temporary or permanent, and partial or total.
Submit claims for possible compensation through workers comp within the statute of limitationsMost workers compensation laws indicate and require that an employee (or family member) file a claim for the benefits provided by workman's comp within one year of the date of the injured worker's accident. It is important to know the right periods for the state involved regarding workers compensation insurance claims and laws. For example, California has a one-year statute of limitation while Florida has a two-year period in which to file. It is important to be aware of each state's laws concerning workman comp eligibility and the workman's comp rates in order to assure a timely process within the appropriate period as directed by the state in which the filing is taking place.
- Every employee should get a copy of the workman's comp claim filed by the employer. If the workers comp insurance company denies the administration of benefits, the employee can move rapidly and file an application for an administrative hearing, which the state workers comp board will conduct.
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