Workers Compensation Claims
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When employees suffer injury or illness on the job as a result of employment conditions, these individuals can seek compensation for their losses through workers compensation claims. Currently, all fifty states require that most employers have insurance coverage with respect to workers compensation claims. The federal government has also established workers compensation claims systems for certain classes of government employees. The workers compensation claims process typically involves an employer, the employee, the insurance provider, and medical professionals.
Workers Compensation Claims Systems
Workers compensation claims systems have been established to provide protection to employees and employers alike. Workers compensation is a no-fault system that provides benefits to injured or ill employees while protecting employers from lawsuits filed on behalf of injured workers. Instead of either party having to prove fault or negligence, injured workers file workers compensation claims with the appropriate insurance company and receive benefits.
Workers compensation claims can yield a number of benefits to injured workers. Each state has its own laws that govern the specific eligibility requirements in order to claim workers compensation benefits. In general, workers are entitled to compensation for related medical expenses, loss of income, and other compensatory benefits through workers compensation claims.
Medical benefits are often provided by a specific doctor or facility chosen by an employer. In some cases, workers compensation claims provisions will allow an injured employee to choose their doctor and medical facility. Through workers compensation claims, medical benefits typically include the total cost of medical care, as well as prescription costs and mileage reimbursement.
Workers Claims include Monetary Compensation
Workers compensation claims can also involve reimbursement of lost wages due to temporary, permanent, total, and/or partial disability. Typically workers compensation claims will not provide one hundred percent compensation for lost wages, but usually offer approximately two-thirds of a claimant’s pre-injury earnings. Workers compensation claims may also provide vocational rehabilitation, reinstatement of employment benefits, and more. Workers who are permanently disabled may be eligible for cost of living benefits through workers compensation claims, and other benefits.
The workers compensation claims system was designed to protect workers without the need for legal intervention. There are circumstances, however, when it is in the best interest of an employee to seek the counsel of a legal professional in order to receive fair compensation through the workers compensation claims process. In some cases, employers unlawfully fail to obtain workers compensation insurance. In other cases, employers or the insurance company wrongfully deny workers compensation claims benefits to eligible employees.
If you are interested in learning more about workers compensation claims, you may wish to speak with a qualified and experienced workers compensation attorney who can help determine your legal rights and options in a case.
Workers Compensation Violations
Every state has specific laws governing workers compensation and defining what constitutes workers compensation violations on the part of employers and claimants. Rates for workers compensation insurance can vary by state, partly in relation to the extent to which workers compensation violations are investigated and penalized. With around one-quarter of all workers compensation claims allegedly fraudulent, the cost of workers compensation violations drives up prices for all insurance policies.
Suspected Violations Against Workers Compensation
The fact that there are so many workers compensation violations makes it almost impossible for authorities to investigate every suspicious claim or suspected violation. Employers can often get away with committing workers compensation violations for quite a long period of time. For instance, in almost every state all employers are required to provide workers compensation insurance for all of their employees, but some employers would rather commit workers compensation violations (such as failure to pay premiums), placing the health and financial stability of their employees in jeopardy.
Common workers compensation violations include failure to carry appropriate workers compensation insurance, failure to ensure that employees receive the full benefits to which they are entitled, refusal to file a claim on behalf of an injured employee, or forcing an employee to consult a “company doctor” instead of the physician of his/her choice.
Legal Help for Workers Compensation Violation Cases
If you suspect that workers compensation violations are keeping you and your loved ones from receiving the benefits to which you are entitled, you should seek legal counsel. Workers compensation violations are very serious and can have far-reaching consequences for all employees at a location. A workers compensation attorney who has experience in dealing with workers compensation violations will be able to help you understand your rights and the obligations of your employer, and may be able to offer crucial legal advice.