Workers’ compensation insurance is purchased by the employers to provide coverage for the employees’ work-related illness and injuries. Such insurance is often referred to as “workers comp”. The program, mandated by the state, consists of payment to be made to the employee who has become disabled or injured at the workplace. Every state has its own program for workers’ compensation. If you are an employee, you must check with the workers’ compensation benefits in your state.
The injured workers, in most situations, receive workers’ compensation insurance irrespective of whoever was responsible for the injury. The workers’ compensation benefits are a special type of insurance preventing the employees from suing their employers for the injuries, which are already covered.
Incidents Covered & Not Covered In Workers’ Compensation Insurance
Workers’ compensation insurance provides coverage for the injuries resulting from carelessness by the employer or employee. A wider range of injuries is covered in such insurance. However, there are certain limits and these may vary from one state to another. Your state may require the injured employee to undergo drug and alcohol testing and reject the workers’ compensation benefits if it was proved that the employee was drunk while sustaining the injury. No compensation is allowed for self-inflicted injuries or if the employee was not at work at the time of getting injured. Consult your Fort Wayne workers compensation attorney to know the details in this context.
Expenses Covered Under Workers’ Compensation Insurance
Workers’ compensation insurance provides coverage for the followings:
- Medical care from illness or injury
- Replacement earning
- Expenses for retaining
- Compensation for permanent injuries
- Benefits to the survivors after the workers’ death on the job
An important point to be noted in this regard is once an individual receives workers’ compensation benefits, he/she is not entitled to sue the employer. Such insurance doesn’t provide coverage for pain and suffering.
Earning replacement is generally 2/3 of the employee’s average wage. However, there is an upper cap on wage replacement benefits. These benefits are exempted from tax. Therefore, if the employee earns a modest income, he/she is unlikely to face any problem. As soon as an employee’s work is missed due to his illness or injury, he/she is entitled to receive compensation benefits.
Are Permanent and Long-Term Injuries Covered Under Workers’ Compensation Benefits?
Workers’ compensation insurance is not restricted to injuries at the workplace. It provides coverage for illness and problems that an employee may develop over a long period of time for doing the same injurious activity.
Who Benefits From Workers’ Compensation Insurance?
Most employees are allowed to obtain benefits from workers’ compensation insurance. However, the following types of workers are excluded from the scheme:
- Business proprietors
- Independent contractors
- Private home employees
- Railroad employees
- Maritime employees
- Casual workers
If An Employee Can Sue His Employer
Yes, you are entitled to do so if any intentional or irresponsible action of your employer left you injured. However, if you sue your employer, you will lose your right of receiving workers’ compensation benefits. If you win the case, the court may instruct the employer to give you compensation for a wider range of damages including medical expenses, lost earning, pain, suffering, mental agony etc.