Workmans Compensation Information
When an employee is hurt on the job, it is the responsibility of the employer to have workman's compensation insurance. This does not eliminate lawsuits, but it reduces down the amount of actions to which the company might be subject. To qualify for workman's compensation, an employee must prove the injury was work related and that she can not work as a result. Those receiving workman's compensation from an employer may not work another job. Any acts of fraud are illegal and punishable by the court of law.
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Workman's Compensation Insurance
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Workman's compensation is an insurance that employers, companies and businesses obtain to provide protection in the event that their employee is injured or hurt while working on the job. Worker's compensation insurance covers any medical care that the employee needs as a result of the injury. The workman's compensation insurance also pays an employee any wages he may miss out on due to his work related injury.
Is It Mandatory
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All employers must carry a form of worker's compensation insurance, with a few exemptions. Farm employers and real estate agents are often exempt from purchasing the worker's compensation insurance. In some states, if a company has a minimum amount of employees and payroll, it too can be exempt from purchasing the insurance. Not having the insurance will result in penalties by the state government.
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Work Related Injuries
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To qualify for workman's compensation insurance, an employee's injury must be at the fault of the employer. If the employee falls on his own, for instance, not watching where he is going, the employer is not liable. However, if the floors of the hallway have cracks in them, it is the responsibility of the employer to fix this safety hazard. If the employer is unable to fix the floor immediately, the employer must make the employees aware of the safety hazard. The employer may do so by posting a sign or warning of some type. Other types of work related injuries can include back injuries due to heavy lifting, and so on.
Choosing A Physician
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The employer has the right to choose the physician that will provide medical treatment for the employee who has been injured. An employee has the right to a second opinion. The employee does have the right to immediate medical care for the work related injury, such as an emergency room visit. Each state gives an employer a time frame in which the physician must be chosen. If the employer does not choose a physician within the specific time frame, an employee may select a physician of his choice.
Discrimination
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An employee has the right to file a workman's compensation claim, and can not be fired or harassed by an employer for doing so. When the employee is released by a physician to return to work, the employer may not terminate the employee because of the suit. If employers terminate an employee, they will have to legally prove the termination did not occur as a result of the workman's compensation case. Also, employers can not refuse to hire an applicant because they have reported a workman's compensation claim with previous employer.
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