by Bill Hayes
Workmans Comp is a big part of the modern day workplace. A good compensation program ensures coverage for valued employees who get injured on the job. Unfortunately, there are many questions and uncertainties regarding the exact details of workmans comp and who is covered by it (and if it is even beneficial to receive that coverage).
This article explains what exactly workmans comp is, and if you are eligible to receive it.
What is Workmans Comp?
If you are on the job 8 hours-a-day 5 days-a-week, there is a definite risk of getting hurt. After all, your job takes up the bulk of your day! Workmans comp is an overarching program that gives employees the right to covered medical care or financial relief.
A stronger definition: "Workmans Comp is a form of insurance that provides compensation medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. While plans differ between jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment. General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in worker compensation plans." - en.wikipedia.org/wiki/Workers_compensation
For workmans comp to take effect, an injury or illness has to occur during the course of standard employment.
As you may have noticed in the above definition, employees are often waved of their right to sue for negligence when participating in a workmans comp program. This allows companies to protect themselves from larger more detrimental settlements.
Punitive damages, or those incidences caused by neglect and negligence of an employer, are generally not a part of workmans comp cases.
The Importance of State
When it comes to workmans comp, every state has its own set of rules and statutes. More information on that can be found here - http://www.workerscompensation.com/stateregs.php
One of the first things you have to do when considering workmans comp is recognizing which state you are legally working in. From their, it is critical to acquire a skilled personal injury lawyer familiar with your state's system.
As with any form of insurance, companies will often try to find any and every reason not to pay you. Sometimes they may be correct under the letter of the law, but to get your fair chance at financial or medical relief you need to come prepared with a competent attorney. At the very least, have one look over the details of your case. Most good attorney's will provide you with a free legal consultation.
About the Author
Bill Hayes is owner of The Hayes Firm, a specialized personal injury attorney network designed to find the best lawyer for each individual client. Workmans Comp is one of Bill's specialties and he will be able to properly guide you through the legal process and get you the help you need. Visit today and receive a free legal consultation!
It is standard practice on large construction projects for the main general contractor to take out a workers' compensation insurance policy to cover all workers on a specific construction project job site.