Workman's Comp Laws
Workman's comp is also known as Workers' Compensation. Workman's comp insurance is a state mandated insurance program that provides compensation to employees who suffer from work related illnesses or injuries. Each state has its own set of laws for workman's comp. Each state generally awards workman's comp medical and wage loss benefits for employees who suffer from a workplace injury.
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Workman's Comp Insurance
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All employers are required by law to carry worker's compensation for their employees. Some employersare exempt from carrying workman's comp insurance who have fewer than three or four employees, depending on the laws of that state. Independent contractors, railroad employers, farm employers and domestic employers are exempt from carrying workman's comp insurance for their employees.
Types Of Work-Related Injuries
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Workman's comp does not cover all on-the-job injuries. Injuries that are caused by the employer and employee's carelessness are covered under workman's comp insurance However, any self-inflicted injuries an employee causes himself are not covered. Self-inflicted injuries include working while under the influence of alcohol or drug substances. An injury an employee suffers while he is committing a serious crime or while he is not on the job is not covered by workman's comp.
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Medical Compensation
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Workman's comp insurance covers the medical bills of an employee, as long as the medical bills are for the treatment of the workplace injury. An employer has the right to choose the physician for an employee, as long as the employee has not notified the employer before the injury that she wanted to use her own physician. An employer must allow an employee to seek emergency treatment for the injury, which can include an emergency room visit.
Wage Loss
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Employees have the benefit of being paid for any wage loss he has suffered due to the work-related injury or illness. To be eligible to receive wage compensation, an employee typically has to be off from work due to the injury or illness for at least seven consecutive days. The amount of the wage compensation varies from state to state. The general amount is two-thirds of the employee's wages. However, in Arizona and Massachusetts is below two-thirds.
Filing A Lawsuit
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Workman's comp insurance keeps the number of lawsuits against employers down, however the insurance does not prevent employees from filing lawsuits against their employers. This is a misconception. Employees have the right to file a lawsuit against employers who deny their workman's comp claim, or employers who deliberately caused the employee's workplace injury.
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