What is worker’s compensation? It is the insurance that the employer pays to offer several benefits to employees who may fall ill or get injured while within the office premises. Thanks to this program, workers are given benefits like medical care and at the same time, the employers are also assured that they won’t be sued anytime by any employee.
Despite all worker’s compensation rules being written clearly in every state, there are several cases that are taken to firms like Worker’s Compensation Law Firm in Council Bluffs, Iowa. If you want to know some of the vital essentials about this specific claim, keep reading the concerns of this post. Check their website here.
#1: Worker’s compensation programs are state-administered
Employers usually pay into the worker’s compensation funds of the state These benefits are later on paid to the employees who get injured or fall ill during their job. On the other hand, the federal government has separate worker’s compensation programs for longshore workers, federal employees, and coal miners. In this case, the employees don’t have to pay anything as compensation premiums.
#2: Worker’s compensation is a MUST for all employers
While this statement is particularly true, the type and level of coverage will vary in each state. As mentioned by the state, coverage is important for all employees or all people who have been hired or appointed by employers in lieu of monthly remuneration. States might differ in ‘the types of injuries that are covered’, ‘who can be covered among the employees’, ‘excluded injuries’, and ‘statutes of limitations.
#3: Worker’s compensation claim lawyers work on a handle contingency basis
The lawyers who handle worker’s compensation claim cases usually work on the basis of contingency fees. This means that your attorney will get a percentage of the amount that you receive as an award. In case you lose the case, the attorney doens’t deserve any fee. Nevertheless, there are law firms that may still charge you an advance fee even when you lose the case. Ensure speaking with the attorney before signing into an agreement with him.
#4: Worker’s compensation offers you more than just money
Worker’s compensation program doesn’t only cover medical expenses but they also assist you during the phase of recovery. In fact, there are several states that offer injured workers rehabilitation rights. In cases where the victim or the employee is incapable of getting back to work due to the injury, they will have the right to get vocational rehabilitation compensation amount. Your employer is also required to help you with searching for a new job, your tuition fees and education fees.
#5: Some injuries aren’t covered under worker’s compensation
There are a few injuries or illnesses that aren’t compensated through worker’s compensation. If you harmed yourself, or if the injury happened when you went to commit a crime, or if the employee broke a company policy or the employee wan’t present in the office when the accident occured, your injury won’t come under the scope of worker’s comp.
#6: You are Entitled to Workers’ Comp Benefits Regardless of Fault
Because workers’ comp is a no-fault system, employees who suffered an injury on the job can receive benefits with some exceptions for those engaged in some kinds of work. For instance, farm workers and domestic workers earning less than $1, 500 every year are not covered under workers’ compensation.
#7: Workers’ Compensation Covers Long-term Effects
As you perform your job duties, you may sustain injuries or illnesses after years of doing this job. For instance, if you type on the keyboard for most of the workday, you may suffer from carpal tunnel syndrome down the road. Also, if you are a factory worker, you may sustain respiratory issues as you regularly breathe in harmful fumes. No matter the case, workers’ comp applies to long-term injuries.
But because building a claim can be quite tricky, you should have a lawyer on your side to help you collect evidence. This evidence includes more professional research than just photos or videos and witness testimony. Thus, your lawyer will get in touch with contacts in their network and look for experts who can attest to your job’s long-term effects on your health.
#8: There are Statues of Limitations for Workers’ Comp Benefits
In the state of Iowa, you have two years from the date of your workplace accident or injury to file a workers’ comp claim. Thus, you should either have begun getting benefits or filed an arbitration application within such a time frame. Although this process may seem straightforward, some deadlines need to be met when you file a claim.
And before you can file a claim, you should file an incident report with your employer. You have 90 days to do this, starting from when you got injured or learned about your injury. If your workplace injury forces you to be away from work for more than three days, your employer should file an injury report with the Worker’s Compensation Commission within four days from receipt of your report. Because such deadlines can get confusing, you should consider seeking help from a reliable lawyer. This way, your lawyer can focus on your claim, ensuring you do not miss any deadline while you concentrate on healing. Missing the legal deadlines for filing a claim can result in the denial of your claim. If you do not want to lose this compensation, you should allow an attorney to handle your claim and seek the financial assistance you need.
#9: Your Employer Cannot Retaliate Against You for Filing a Claim
Strict laws are in place to protect you from retaliation after filing a workers’ compensation claim. Your employer cannot terminate your job or react to your decision to file a claim in any way. The law does not tolerate employer discrimination associated with workers’ comp situations. So, you should not be afraid to pursue the benefits you deserve, especially if you have an experienced attorney handling your case.