Workman's Compensation Information

Whenever an employee is injured on the job, his employer may be held liable for the injury. For this reason, many employers are required to provide workman's compensation benefits to it's employees. Workman's compensation is also known as "workers' compensation" or "workers' comp." Depending upon the state in which the employee works, the laws pertaining to workman's compensation will vary.

What is Workman's Compensation?

Workman's compensation is an insurance policy that covers employees who are injured while working or suffer from a work-related illness. The policy is paid for by the employer. Under workman's compensation, an injured or ill employee can receive pay for missed wages, medical bills and rehabilitation. If the employee dies as a result of the injury, death benefits are paid to the surviving family members. Most employers with three or more full-time employees are required to carry workman's compensation insurance. This protocol varies by state. To determine which employers must carry insurance, and how much insurance must be carried, check with your state's workman's compensation board (see link in Resources).

Compensation Amount

The monetary amount of benefits an employee will receive under workman's compensation is based on a percentage of the employee's salary. The exact salary percentage varies by state. In order to receive monetary benefits, the employee must miss more than three days of work, as a result of the injury. If the employee does not miss work, only his medical expenses will be covered.

Requesting Compensation

In order to receive workman's compensation benefits, the employee must report his work related injury to his employer as swiftly as possible. Some states have an established time frame during which the injury must be reported. Failure to report the injury within the allotted time frame can result in a denial of benefits. The injured employee must also undergo a medical evaluation. The purpose of the evaluation is to ensure that the injury is work related. To file a workman' compensation claim, the injured employee must complete the appropriate claim form with his employer's workman's compensation insurance carrier. In some cases, he can also contact the state workman's compensation board's claim department himself to file a claim.

Length of Benefits

There is no set length for how long an injured employee can receive workman's compensation benefits. Generally, he can receive benefits as long as it is medically necessary. In other words, as long as the injury prevents him from receiving his normal job wages.

Denial of Benefits

If an employee is denied workman's compensation benefits after being injured on the job, he has a right to appeal the decision through the state's workman's compensation board. When appealing a workman's compensation denial, it may be necessary for the employee to seek counsel from an attorney who specializes in workman's compensation or personal injury cases.

References

• Dolan Law Offices PC: Understanding Workers' Compensation
• InjuryInfo: Understanding Workers Compensation
• California Department of Industrial Relations: Department of Industrial Relations: Workers' Compensation FAQ
• Georgia State Board of Workers' Compensation: How Do I File a Claim?
• Illinois Workers' Compensation Commission: Handbook on Workers' Compensation and Occupational Diseases
• Georgetown University: Guide to Understanding Workers' Compensation

Resources

• United States Department of Labor: State Workers' Compensation Officials