Workers compensation scheme is a specialized branch of personal injury law which deals with compensating employees for any injuries and illness caused due to their work conditions. It is a sort of insurance coverage for employees, and all employers need to have it when they are part of an establishment according to government norms. One of the well-known law firms specializing in worker compensation law is mickleandbass.com/workers-compensation-lawyer. You can also explore other options in your area through a list of registered lawyers at www.abovethelaw.com.
Incidents which are covered under workers compensation law include:
• Injuries caused during the working hours because of faulty machinery or negligence by the employer.
• Infection caught by the workers at work.
• A pre-existing medical ailment worsened due to working conditions.
• Injuries caused while travelling on work-related tours.
• Psychological and tension related injuries like heart attack and stroke caused due to work stress.
• In case the damage is caused due to the negligence of a third-party other than the employer, the employee has a right to file a claim against such party through the third-party claim.
The dependent of an employee can claim the compensation in case the employee dies in the accident. Workers who are employed on a seasonal or contract basis or those who do not work full time under their direct control cannot file a claim against the employer.
The compensation claimed is usually claimed against losses and expenses such as
• Medical and hospitalization bills
• Loss of wages
• Permanent disability
• Rehabilitation cost
• Return to work services
• Treatment-related travel expenses
• Missing mortgage or loan payments
• Damages for economic losses caused to the family of the employee who succumbed to injuries
Employers may choose make weekly, monthly or one-time lump sum payments to the employee or their family. Worker compensation claims can be split into two types. General injuries such as back pain are difficult to quantify; for compensation purposes, a monetary value is given to these ailments as well. Special or severe injuries are more easy to identify and quantify by looking into medical expenses and travel charges. The court will analyse the medical report and accident report mentioning the occurrence of the accident and the severity of injury caused. When reviewing the details, if it is discovered that the victim is also partially responsible, they may reduce the value of the overall damage compensation the employee receives.
In case the injury at work causes death, the following individuals are eligible for compensation:
• Widow/er may receive up to twice the monthly pension of the worker as the lump sum or a monthly payment of 40 % of the monthly pension of the worker
• Children under 18 years of the age are entitled to 20% of the monthly pension charges until they become 18 years old
• In the absence of a spouse and children, other dependents will be paid the same as a widow/er.
A few situations in which the worker may be refused compensation include:
• Claims submitted after 12 months of the accident or death or 12 months after the disease is diagnosed.
• The worker rejoins duties within three days as it is not considered a significant injury
• If the investigation finds that the incident occurred due to misconduct, the general claim may not be paid. But the case will be considered differently if the injury is severe or causes death
• If the worker refuses medical treatment.