Workers' compensation insurance is a type of policy that any business owner who employs more than five workers is required to carry. It is meant to provide medical care and cash benefits for employees who have either been injured while on the job or become ill due specifically to their work environment.
Companies are required to have workers' compensation insurance without any monetary contribution from the employee. If a worker is awarded workers' compensation benefits, medical care and cash benefits are covered by the insurance company according to the specifications decided by the Workers’ Compensation Board.
Workers’ Compensation is Not Determined by Who is At-Fault
State workers’ compensation is processed and determined by the Workers’ Compensation Board. It is not awarded based on a judgment of who is at fault, meaning that the worker’s actions and behaviors do not diminish a company’s liability or the amount an employee receives. There are exclusions, however, in cases where alcohol or drugs are involved, or if it is found that the worker had the intent to injure themselves or someone else.
What if the Insurance Company and/or Employer Disagree With the Worker?
A claim is paid if the insurance company and the employer deem that the injury or illness is work-related. However, if either disputes the claim, a judge must intervene to decide which party is right. If there is an argument about whether the injury was work-related, typically, the employee is entitled to disability until a decision is made. If payments are dispersed by the Disability Program, and the worker is awarded their claim after receiving benefits, the money collected is deducted from the award granted.
What if A Worker Can Return to Work but Only in a Limited Capacity?
If an employee can return to work, but in a limited capacity, and their wages are lower, they may be eligible for up to two-thirds of the difference between what they were earning before the accident and what they can earn in the future on an ongoing basis.
If you were injured on the job, and it was work-related, but you are having a hard time getting your claim approved, Phipps Law is here to help. Our winning record in workers’ compensation cases is only one of the reasons to choose us!
