Worker's comp is something that many workers around the country are eligible for. However, many people remain unaware that they are eligible for such benefits or simply do not understand some of the ins and outs of what worker's compensation entails. Throughout the course of this brief article, you will learn of some of the more frequently asked questions surrounding the phenomenon of worker's comp, and perhaps have a few questions of your own answered along the way.
Which Injuries and Illnesses Are Covered?
Although coverage varies from state to state, there are numerous trends that tend to brook state gaps. The majority of injuries and illnesses that are work related injuries, conditions or accidents are covered by worker's compensation. There are also many injuries and illnesses that may have been caused due to some liability of your own on the workplace of which you might also be eligible.
There are a number of injuries and illnesses that are excluded from worker's comp, however. These include: any purposely self inflicted injuries (including suicide attempts), injuries caused by your own intoxication or usage of illegal drugs, injuries that occur when a co-worker attacks you due to personal reasons, injuries that occur when someone who is not a co-worker attacks you due to reasons that are entirely unrelated to your job, and injuries that are caused by breaking the law.
Can You Receive Payments For Repetitive Motion Injuries?
Again, this answer varies from state to state, but in a good deal of states, you can receive payment for injuries caused by repetitive motion. For example, carpal tunnel syndrome is an issue that is related to the wrists and fingers and can be caused by the repetitive motion of typing. If it can be proven that this problem was caused due to typing at work, then you may be entitled to the benefits of worker's compensation.
Who Is Responsible For Providing Worker's Compensation Benefits?
In every case, your employer is the entity required to provide benefits to you if you fall under the purview of being eligible for worker's compensation benefits. There are very few exceptions to this rule, unless you are self-employed.
In the case of self-employment, you may often times find yourself being able to receive government sanctioned and funded benefits, although these are generally not as great as those that are provided by an employer.
All employers are required to be able to provide worker's compensation by all state laws. However, much like how car insurance is a legal requirement for you to be able to drive a car, many people opt not to pay for such a thing. As such, many employers do not have a plan for providing their employees with worker's compensation. In cases where you should be owed worker's compensation but are not receiving it, it is in your best interest to consult with a workers compensation attorney.
Can You Sue An Employer For Causing An Illness Or Injury?
In most cases, you cannot take legal recourse for an on-site illness or injury. The best thing you can do in these cases is file for worker's compensation and be reimbursed for your medical bills and lost time and wages. There are some exceptions to this rule, however. If your injury or illness was caused by a product that your employer manufactures and was also caused on the job, you can file a personal injury case and sue for liability. If a co-worker assaults you due to a personal reason, you can file a civil case against the individual in question, but not against your employer.
Many people are often confused by the phenomenon of worker's compensation. Hopefully, this brief article has shed a bit of light onto what worker's comp entails and how you can go about receiving it.