Employers that have workers’ compensation insurance plans do not pay their employees while they are receiving workers’ compensation benefits. Employees receive periodic or lump-sum payments from the insurance plan instead of from the employer.
They usually receive a percentage of their paycheck as a payment from the insurance provider. Employers in every state except for Texas are required to have workers’ compensation insurance coverage, so most employees can receive some amount of compensation when they are not able to work.
One of the problems that employees face is that collecting workers’ compensation can be difficult in many cases. An employer does not pay an employee while on workers’ compensation, which can make it difficult to maintain their finances. Companies do not always make it easy to collect compensation. This is one of the reasons why you may want to hire a lawyer to help you with your workers’ compensation claims.
Defining Workers’ Compensation
Workers’ compensation is a government-determined set of laws where employers are responsible for providing compensation to workers that are injured while performing their work duties.
Workers’ Compensation Law
Every state has its own workers’ compensation laws. Across the country, these laws are similar in most places. However, Texas is a notable exception. Every state requires employers to have workers’ compensation insurance, except Texas. There are many guidelines related to workplace safety that companies have to follow.
You do not have to prove that your employer was negligent to collect workers’ compensation benefits. However, when you collect, you might not be able to sue your employer if they did do something negligent that harmed you. The laws regarding workers’ compensation can be complicated, which is why you have the option of hiring a lawyer to help you develop your case.
Types of Workers’ Compensation Benefits
According to the U.S. Department of Labor, there are several types of benefits that can be provided for under workers’ compensation. The most common of these benefits is wage coverage or replacement. The company must pay the worker at least a portion of his or her wages. It helps that worker avoid major financial problems if the amount of compensation meets or exceeds the workers’ usual pay. This is not often the case, which is why many accident victims decide to file civil lawsuits.
Another type of compensation is medical expenses compensation. Dealing with your injury means having medical expenses that you may not have prepared for. As a result, your personal finances can suffer for a long time. Although it is expensive, getting medical treatment is essential to your recovery. Workers’ compensation programs can provide financial support for your medical treatments and related expenses.
There are other types of expenses that are covered by workers’ compensation programs. One benefit that most people do not realize is covered is the cost of rehabilitation services. If you need physical or vocational rehab after your accident, the program may cover the cost of treatment. This is a major benefit since it allows you to fully recover and get back to work.
Employers’ Rights and Responsibilities
Although there are many rules and regulations governing workers’ compensation programs, not every employer is responsible for having workers’ compensation. Likewise, not every injury qualifies for benefits under those programs. Employers have a responsibility to maintain coverage in most states.
Companies have the right to challenge claims to workers’ compensation, potentially claiming your injury did not occur at work, or making another claim to undermine your compensation. This is why it might help to have a workers’ compensation lawyer on your side to help you handle your claim. Lawyers can help you determine whether or not a company can be held liable and help you take appropriate action if the insurance company denied your claim based on a statement your employer made.
Contact Us Today
If you or a loved one were injured at work, an employer does not pay an employee while on workers’ compensation. The insurance company pays you based on coverage amounts your company holds. However, the process of getting workers’ compensation benefits can sometimes be difficult. If you seek our workers’ compensation attorneys for their help and advice, they will explain all your legal rights and options, so you can make the best decisions. You don’t have to worry about fees, either, as you will enjoy a free case evaluation.
A lawyer is here to help you after getting injured at work. Contact Ben Crump Law, PLLC at (800) 603-4224 to reach a member of our team for assistance in protecting your interests when dealing with workers’ compensation programs.
