Most people are familiar with the general idea of workman's compensation. Generally, if an individual is hurt or injured at his or her workplace, through no fault of his or her own, he or she can be assisted with workman's comp. However, the details and intricacies are sometimes complicated, in many cases an employment attorney can ensure you get the workers compensation benefits you deserve. Below is an overview of workman's comp and the benefits available through it.
Workman's comp is often an alternative to an employee suing a company or their boss should they happen to be injured or hurt at work. Generally, the employer or company must be partially or totally at fault regarding the injury. Many companies automatically drug test employees who are hurt on the job to determine whether the employee's senses or abilities were impaired by drug or alcohol usage.
Should the employee be cleared with the drug or alcohol tests, and the accident was not his or her fault, he or she can file for workman's compensation. This will allow the employee to receive benefits that would otherwise be unavailable to him or her. This may include:
Aside from the benefits noted above, employees obtain a certain degree of protection when they file for workman's compensation. For instance, if the injured employee is able to return to work, but must perform ‘light' duties – the employer must provide a suitable position in most places.
Should an employee be unable to return to work for an indefinite period, the employer may be required to assist the employee with a lump sum settlement. Similarly, should the employee pass away in the incident, his or her family may be entitled to monetary compensation through the assistance of workman's compensation.
Generally, in order for an injury to be covered by workman's comp, a few criteria must be met. The accident must have happened at work or while the employee was away from work but performing duties for the employer on company time. In some cases, certain injuries that have occurred over time (such as carpel tunnel syndrome) will be covered by workman's comp. Secondly, the injury must have been the cause of an accident and not the result of an employee purposely injuring himself or herself.
Workman's compensation is a mutual benefit – employers avoid being sued for an accident and employees are able to receive help with medical costs or living costs while they are injured. Employers have the ability to dispute the claim, but they must prove that the accident happened away from work or through the fault of the employee and not the company or employer. While there are complicated aspects for certain cases, generally workman's compensation provides assistance for individuals who have been injured through an accidental injury while performing duties for his or her employer.