Workers' Compensation
Published: 11/05/2009 by MO
Workers' Compensation
If you are injured in the workplace, it's critical that you know your rights and understand the basics about workers' compensation. Being unaware of the laws surrounding workers' compensation and what you may be entitled to can leave you open to exploitation or otherwise taken advantage of. It's certainly not unheard of for unscrupulous companies to conveniently neglect to let their employees know about their specific rights under workers' compensation laws. Taking another person's word for it is a sure way to lose your rights. To understand what workers' compensation is all about, check out the following overview of the subject.
What Exactly Is Workers' Compensation?
Workers' compensation is a kind of insurance that protects employers and employees alike. It provides coverage for injuries that happen in the workplace, allowing workers to receive the medical care they need. In exchange, the employee releases his right to sue his employer in the future. These laws were enacted to keep lawsuits to a minimum, and to protect workers' basic rights. Many times, an injured worker also qualified for paid leave while he is recuperating from his injuries. The specific laws regarding workers' compensation do vary by jurisdiction, however, so it is best to check with an individual employer's human resources department to learn more.
What Injuries Are Covered By Workers' Compensation?
As a general rule, any injury that occurs during the course of performing work-related duties is covered by workers' compensation. This can mean simply walking through a room at your place of employment, tripping and breaking your ankle; or it can mean a malfunctioning machine causes you harm or bodily injury. Either way, the injury has been sustained at your place of employment and while you're performing your necessary job duties. Usually, it's pretty easy to figure out whether or not an injury falls within the parameters of a qualified workers' compensation injury.
What Injuries Are Not Covered By Workers' Compensation?
Although it's usually quite apparent when an injury qualifies for coverage under workers' compensation laws, there are definitely some gray areas. For example, if you are technically "on the clock" but have left the premises to go pick up some lunch or to run an errand - and are involved in an accident - the injuries you sustain would not be covered by workers' compensation. That's because you wouldn't have been performing your work related duties. Similarly, horsing around or being intoxicated can also disqualify you from workers' compensation, if you sustain an injury under those circumstances.
What To Do If You Are Injured At Work
The first thing you should do if you are injured at work is to seek medical attention. Once that's squared away, though, you should contact a qualified workers' compensation attorney. Your employer may try to send a representative to speak with you; inform them that you will not discuss the problem until you have a lawyer at your side. Otherwise, your rights may be trampled upon and you could forfeit your workers' compensation claim inadvertently.
