What Is Workers’ Compensation?
When an employee gets injured on the job, it can turn into a medical crisis for the employee and your business. While the staffer focuses on recovering from the injury, the company must deal with a possible workers’ compensation claim.
This can quickly become a legal issue your business needs to deal with. Learn more about workers’ compensation claims, and how a workers’ compensation attorney can help your company.
Definition of Workers’ Compensation
Workers’ compensation provides benefits to those who are injured on the job. These benefits can include medical expenses, lost wages for time off of work, rehabilitation and therapy costs, and other expenses that are directly related to the injury.
How Does Workers’ Compensation Work?
Workers’ compensation claims can be complicated, and it’s essential for the employee and the company to take the right steps immediately after the accident.
When an employee is injured, he or she must immediately seek medical attention. The health records need to be obtained so they can be provided to your company to prove the extent of the injuries and the prognosis.
The company must have the employee fill out all necessary paperwork documenting the accident, and what injuries occurred, and provide all necessary medical documents.
This information will be necessary when the employee files a workers’ compensation claim. If the claim is approved, the employee will receive compensation payments.
Does My Business Need To Carry Workers’ Compensation Insurance?
In short, the answer is yes, your business needs to carry worker’s compensation insurance. You need to carry workers’ compensation coverage for all non-owners.
Failing to provide workers’ compensation coverage can result in penalties for your business. If someone gets hurt on the job, you might even need to pay for their compensation out of your pocket. If it’s a severe violation, you could face fines and potentially other penalties.
If you have questions about your company’s workers’ compensation coverage, you should consult with an attorney.
Who Qualifies For Workers’ Compensation Claims?
Workers’ compensation claims can be complicated. While you like to think all of your employees are honest and only file claims if they are truly injured on the job, there can be cases of fraud. To ensure all claims are legit, it’s important to work with a workers’ compensation attorney so they can ensure the employee meets the requirements.
Your attorney can also walk you through the steps that must be followed to ensure the employee qualifies for benefits. These can include:
- First, the person must be classified as an employee, either full-time or part-time. Independent contractors are typically not eligible for benefits.
- Next, the employee’s injury must have taken place on the job for the worker to qualify for benefits. This can include accidents, over-use injuries, and others – as long as they are not the result of misconduct or illegal activities. Illnesses that result from working conditions can also be covered.
- The employee must meet all requirements when submitting the claim, including completing the right paperwork and meeting all deadlines. All claims must be submitted within a certain amount of time from the time of the accident.
- The worker must have informed the company about the injury immediately after it occurred..
- The employee must get medical attention and attend all follow-up appointments and get the necessary treatment. If the employee does not make doctor’s appointments or fails to seek follow-up treatment, it can become a reason for the employer to suspend benefits..
Contact Our Experienced Workers’ Compensation Lawyers in Mobile
Johnstone Adams LLC has been ranked Best Lawyers® “Best Law Firms” in the region for 12 practice areas in 2022. We’ve helped clients for over a century and provide a wide range of specialties with decades of combined experience. Our broad interests allow us to serve individuals and companies with the legal help they need personally and professionally.