subject: What Employees Are Eligible For Workers Compensation [print this page] Workers' Compensation is a protection for all employees who are injured or disabled while on the job. It forces the employer to compensate the injured worker by way of medical treatment and income lost while unable to work or on restricted duty. In cases of death, the compensation would carry over to the dependents of the deceased employee. It is required by law that all employers provide these benefits when necessary. Most employers have special insurance to handle the review, process, and payment of these claims.
Once an injury claim is filed, the Workers' Compensation insurance company will gather all necessary information, including statements and medical reports. This information is reviewed and the claim will be approved or denied. If the claim is approved, the benefits will be calculated and any necessary treatments will be scheduled. The employer will be made aware of any restrictions to the employee's ability to work and should take all measures to accommodate these restrictions. If the claim is denied, the injured employee will have to appeal the decision. An already slow process, this additional wait can result in frustrations, additional loss of income, increased physical damage, and a tense relationship with the employer.
Although the protection of Workers' Compensation was established as a benefit to the American employee, there are some that believe it lowers available damages. This insurance allows for the injured and disabled to receive financial and medical benefits without legal action. However, some argue that the block to lawsuits in many cases results in an increase of claim denial, below standard awards, and negative treatment by the employer. There are opportunities to turn to legal counsel. Many situations demand it.
In cases that involve serious claims, death, and claims that have been denied, the best course of action is to retain an attorney. A qualified attorney uses his knowledge of the law and the process to support the injured worker and guarantee fair compensation. A lawyer may also be needed after a claim has been approved. If an employer denies medical care, fails to pay correct damages or retaliates against the employee, legal action will be necessary.
Workers' Compensation insurance is available to all employees and, often, is an efficient way to reach a fair settlement to a work related injury or death. However, legal support is often necessary to fully protect the employee's rights.
