Workman's Compensation Insurance Workers Rights

Some vocations have a higher risk of workmen's compensation claims.

Workman's compensation insurance, also called workman's comp or workers' comp, is a type of insurance employers purchase. It helps cover employee medical expenses and lost wages in the event an employee receives an injury on the job. While workman's compensation laws vary by state, they offer the same basic rules to protect injured employees. Those wanting to learn details about employee rights regarding workman's comp should see a lawyer who specializes in this matter.

Covered Incidents

Workman's compensation benefits cover almost all job-related injuries, even those caused by carelessness on the part of an employee. These incidents can include falls, auto collisions, injuries caused by repetitive movements, items falling onto an employee or work-related illnesses. Injuries or incidents that make employees ineligible to receive workman's compensation include those relating the injured employee being under the influence of alcohol or illegal drugs, self-inflicted injuries, injuries an employee receives if he starts a fight, injuries an employee suffers while committing a crime or those suffered as a result of conduct that violates a company policy.

Legal Representation

While most workman's compensation claims are resolved quickly and without any problems, employees who have more serious injuries or have had a claim denied may need assistance exercising their rights. Employees injured while working have the right to seek legal representation or the advice of a personal injury lawyer. Lawyers can help an employee receive the appropriate benefits, receive time off work deemed medically appropriate to heal from on-the-job injuries or recover damages from a long-term or permanent disability.

Vocational Rehabilitation

The workman's compensation law in some states requires employers to provide vocational rehabilitation services to help injured employees return to work. States that do not require employers or insurance carriers to provide vocational rehabilitation may offer such services to employees who seek them voluntarily. Vocational rehabilitation programs can help an injured employee retrain for the position she has at her current place of employment. Alternatively, if the employee was not able to return to work because of the injury received, she can receive help from a vocational rehabilitation office to find another job.

Job Protection

An employer cannot fire an employee because he was on workman's compensation leave. According to the legal website Nolo.com, all the U.S. states have laws that protect individuals who ask for or receive workman's compensation benefits from employer retaliation. In addition to firing an employee, retaliation on an employer's behalf can come in the form of demotions, reductions in work, layoffs and harassment. If an employee is harassed because of a workman's compensation claim, she has the right to file a lawsuit against her employer.

References

• Nolo: Workers' Compensation Benefits FAQ
• The Missouri Bar: Your Rights Under the Missouri Workers' Compensation Law
• Expert Law; Worker's Compensation -- Know Your Rights; Aaron Larson; July 2003