Worker’s compensation is a type of insurance that provides monetary assistance to employees who have sustained injuries in their workplace. If you have been in a workplace-related accident, there are requirements you must meet to qualify for worker’s compensation. Every state has different employment laws, but if you are in California, you can certainly get assistance from Workers’ Compensation & Personal Injury Attorneys in Long Beach.
Here are the things you need to know about worker’s compensation benefits:
1. Workers’ compensation coverage
Workers’ compensation coverage, otherwise known as workman’s comp, covers benefits given to the staff of a certain company injured as a result of work and such injury that happened at the workplace. Another coverage of workers’ compensation is a sickness that an employee acquired during working hours. In case the company does not give a workman’s comp, the employee may sue the former for it.
2. Workers’ compensation eligibility
Another requirement is being an employee. There are cases where a person who is not employed in a certain company is asking for compensation because the company contributed or caused that person’s injuries. In this scenario, there is another type of compensation called settlement. It means that the company will shoulder necessary medical expenses and hospitalization upon amicable settlement between the injured and the company.
3. Workers’ compensation application
Companies are held liable if workers become injured as a result of their work. However, if the cause is not work-related, compensation will not proceed. If the worker fails to justify that the cause of his or her injury is related to their work, no compensation will be provided. Granted that the applicant is eligible for workers’ compensation, the employee must notify his employer that an injury happened while at work, then the former will give the latter a claim form one day after receiving the information. The applicant must complete all the needed information and make sure to sign the document and indicate the date of the injury.
4. Workers’ compensation filing deadlines
Injuries and illnesses heal over time, so it is important to request compensation when these are still justifiable. Filing for workers’ compensation can be difficult since workers have to prove that the cause is work-related. Aside from that, one factor that is considered by the company in determining who are qualified and who are not is age. There are companies implementing a minimum age to avail or be qualified to avail of the same. Usually, the application must be done as soon as possible. However, the company gives 10 to 14 days to file a workers’ compensation application. On the part of the company, it also has 10 to 14 days to process the said claim.
What are the benefits given to employees granted with Workers’ compensation?
When an employee applies for Workers’ compensation, the company assures the employee that he will receive assistance in terms of medical expenses, for those lost wages, for continuing care costs, and when the injury results in death, the family of the employee may expect assistance for funeral expenses.
Exemptions to workers’ compensation
Some workers are not eligible to apply for workers’ compensation, these include most domestic workers. A number of states exclude these workers because they work part-time. Another major reason is that they work in private homes as caregivers.
On the other hand, some farmworkers are also excluded from workers’ compensation, particularly those who work at small farms. Seasonal and undocumented workers may not receive worker’s compensation as well, especially if an injury happened after work. Likewise, undocumented employees are not qualified from workers’ compensation since they do not legally live in the area of occupation.
Consultation
There are situations where employees are willfully neglected by companies. In such occurrences, talking with legal officers is essential to make sure you are receiving what is just. These professionals can carry the task of fighting for employees’ rights. It is better if the company and the injured party will peacefully resolve the issue, give the victim what is due, and continue living in a harmonious relationship with one another. However, if the company denies claims on purpose, workers have the right to deal with it legally. If you are in such a situation, consult with a personal injury lawyer today.
