subject: What To Know About The Purpose Of Workers Compensation Laws [print this page] If you understand the purpose of workers compensation you are more likely to understand why the process is so long and why you are so heavily scrutinized for a legitimate claim. The company you work for is obligated by law to ensure that your medical needs are provided for and that a percentage of your income is provided for you. It is no longer permissible for a company to fire someone for a work related injury or illness once they have used up their sick days.
Now, there are fail safes in place to protect both the employee and the company involved. Companies are permitted to mandate which doctors are approved for the visits, as the insurance company receives a reduced rate in exchange for sending patients to that doctor. Employees are permitted to get a second opinion after a mandatory waiting period.
You will probably have to be out of work for a specified period of time before you'll be given any kind of financial assistance beyond medical care. The specifics will be determined for you, but generally you have to out of work at least one week or more before you are entitled to payment. If you only miss a few days you won't be compensated at all. If you're out for longer than the initial waiting period you will receive partial payment for all of the missed days.
Understanding that the insurance companies have to protect themselves from claims that are not real it is typical to find that you will have to go through a relatively long process in order to file a claim for a permanent injury. If you really can't work for an extended period of time, the insurance company wants proof and then they want to stop being responsible for your medical and financial needs.
In most cases, you'll be cleared to return to work by a physician that you've never seen before. Then, after that you will be notified of a position that is believed to fit your current physical needs. If you simply return to work without legal or medical representation, you're putting your rights in jeopardy.
It would be cost effective for the company and the insurance group that provides the workers compensation if you were sent back to work and performed poorly enough that they could release you from their employment. This is a slippery slope that often requires a lawyer in order to navigate it well.
Attorney representation can help protect your rights as they are written under workers compensation laws. The laws are often rather straightforward but do allow the company involved a little wiggle room. A lawyer helps ensure that they do not step over the line and force you into an illegal work situation.
The purpose of workers compensation is to provide you with the bare minimum required by law while ensuring that you have a job to return to, medical care, and a percentage of your regular paycheck. If you can't be put back to work, a settlement negotiation is likely. You are not slated to get rich this way, but you can often end up with enough to finish your recovery in peace and pay your bills until you can find something else to bring in an income or are deemed disabled.
