You have probably heard of the term ‘workers’ compensation,’ but you may not have a clear understanding of what it is until you need it. In the first half of 20th century, if people were injured as a result of their employment in most cases they would have to cope with lost earnings, securing a new job or living with a disability on their own. While it was possible to take an employer to court to sue them for negligence or being made to work in unsafe conditions, it was very rare as it was incredibly costly to do. After years of campaigning and rallying by trade unions, by 1949, every state had introduced a law that requires every employer to provide worker’s compensation.
What is workers’ compensation?
Workers’ compensation ensures that if you are injured or become sick because of your employment, you are financially compensated. This compensation can help to cover lost wages, medical expenses or even life insurance, which may be paid to your family if you die as a result of your injuries or illness. If you are injured at work, you should tell your employer and ensure that the injury is recorded.
Who qualifies for workers’ compensation?
To qualify for worker’s compensation, your illness or injury must be work-related, and your employer must have a compensation insurance policy. Each state will have different regulations and deadlines; for example, you will need to file your claim for compensation within a certain period of time after you become injured or unwell. If you were to die while working, your employer might pay out to your family or nominated beneficiaries via a death-in-service benefit. Some people presume that they will not be covered by workers’ compensation or worry about who was at fault, but it is always best to find out as regardless of who was at fault you still qualify.
Who pays out when you claim workers’ compensation?
Some people are reluctant to make a claim against their employer as they are concerned about damaging their relationship with their employer. However, it’s important to note that the money comes from your employer’s insurance policy, not directly out of their pocket.
Should you accept your employer’s workers’ compensation offer?
It’s important to know that if you are offered and accept worker’s compensation, you are giving up the right to sue them at a later date. This is why you should take some time to consult with a Louisiana workers compensation attorney who can advise you as to whether or not the offer is fair. An attorney can ensure your rights are being respected and that you get the maximum amount of compensation. You may be able to file a lawsuit against your employer which would result in a higher payment and may avoid the delays associated with insurance payouts.
How much compensation will you receive?
The amount of compensation you receive will vary depending on your unique circumstances. For example, some employers (depending on what state they are in) will pay you while you are unable to work but only for a certain length of time. If you are off work for a prolonged period of time, it’s essential to prioritize your recovery and take care of your mental health.
