Workers' Compensation Or Workman's Comp: What's The Difference?

When you are injured at work and begin looking into how to recover for your medical

treatment and other costs, you will probably come across a lot of different terms and a lot of different spellings. In particular, you'll probably see programs called "workers' compensation" or "workman's comp." Many people wonder if these are separate programs and if it is necessary to apply to both or whether one program will offer benefits that the other doesn't. The answer is "workers' compensation" and "workman's comp" are the exact same thing. Over the years workers compensation has taken over as the more "official" title and workmans comp is viewed as the outdated and/or slang or shorthand.

Workers' Compensation vs. Workman's Comp

Workers' compensation actually exists in every state in the United States and on the website of the U.S. Department of Labor, which links to the department or government agency in each state, the programs are referred to as "Workers' Compensation."

In Arizona, workers' compensation is overseen by the Industrial Commission of Arizona. The Industrial Commission also refers to the program as "Workers' Compensation" and there are two divisions within the commission responsible for overseeing the program. These divisions are the Claims Division and the Administrative Law Judge (ALJ) division.

The Claims Division regulates workers' compensation insurance providers and employers in order to make sure that workers get the benefits that they are entitled to under Arizona law.

The Administrative Law Judge (ALJ) division addresses legal disputes that arise when injured workers' and insurers differ on a claim. The ALJ handles disputes on eligibility, coverage for medical care, compensation for lost earning capacity and other issues that arise in administering workers compensation claims where there is disagreement.

Workman's Comp

While the formal title for the program in Arizona is "Arizona Workers' Compensation," the program is also informally called workmans comp. In either case, both names refer to the rights of workers to collect compensation in the event of an injury at work, so the names are reflective of the purpose.

Workers' compensation or workman's comp is a no-fault system that is designed to provide a reasonably speedy remedy to injured workers so that their medical bills are paid promptly if they are injured at work, regardless of whether negligence was involved in their injury. This is why it is referred to as a no fault" system: employers are always and automatically liable for paying for the cost of injuries through workers' compensation insurance, even if they were not negligent in any way. As long as a workers injury arises out of and in the course of employment the claim should be covered, subject to certain exceptions for prohibited activity or activities that are personal. The rules are somewhat complex and fact specific, so these wont be discussed in this overview.

In addition to compensation for medical bills, workman's' comp also pays out claims for a percentage of lost earnings, disability benefits, funeral costs and other related costs associated with a work injury.

No matter what you call it, the system of workers' compensation can be a confusing one with many different legal requirements in order to get that compensation. As such, it is important to work with a qualified attorney who specializes in the field in order to get the benefits that Arizona law affords.

by: Alan Schiffman

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