Understanding workers compensation claims isn’t always the easiest thing to do, even if you’re in middle of a claim right now! Here are just a few of the most common questions that Americans have today about workers compensation laws and claims:
- What is workers compensation? This is also known as workers comp, and it’s a form of personal injury protection for when an employee is hurt on the job. Workers compensation pertains to personal injury law but it’s actually an insurance program.
- Who needs to be at fault for a claim? This surprises many people, but personal injury liability doesn’t really matter — as long as the employee didn’t break any laws by engaging in criminal activity, break any company rules, or develop the injury because it was self-inflicted. For workers compensation claims, as long as it wasn’t intentional, it doesn’t matter if the employee or the employer — or even no one at all — was at fault.
- What types of injuries are covered? As stated above, any injuries — regardless of how severe — can be covered under workers comp as long as these injuries occurred because of an accident. Workers comp covers the financial cost of diagnosing and treating these injuries.
- Does workers comp apply to lasting injuries? This is a tricky one, because it really depends on the employer, the injury/injuries, and the state’s rules. Sometimes it’s better to apply for a disability claim if the injuries are too severe to go back to work, but long-term injuries and illnesses can definitely fall under workers compensation settlements.
- Are there any limitations with workers compensation claims? There are plenty of details involved that differ for each case, but the biggest limitation is that the employee loses the ability to sue the employer after agreeing to take the benefits provided under workers comp.