Workers' compensation, previously known as workman's compensation or workers' comp, is an insurance program put into place to guarantee medical care and compensation to employees injured during the course of employment. Workers' compensation was created to take the place of suing employers for negligence.
Most companies are required by law to carry workers' compensation insurance, and are fined for failing to have coverage. Most companies' coverage is purchased from commercial companies, but 12 states operate state fund to provide workers compensation.
Workers' compensation claims are difficult situations for both employees and employers. Many employers go to great lengths to deny or avoid claims, since premiums make up a major operating cost. Some hire private investigators to watch claimants, trying to prove the claims are fraudulent. A fraudulent claim would not only mean less money for the employer to pay out, but is illegal for the claimant. Employers also are much more aware of how this system works and how best to terminate employee benefits within the law than employees.
However, employees do have a legal right to medical care and compensation for a justifiable claim. They also have the right to return to work once their injury is healed. It's equally illegal for an employer to terminate an employee because the employee filed a workers' compensation claim. If you believe you have been fired from your job because of your workers' compensation claim, it's important to talk with a qualified workers' compensation attorney to get the benefits you deserve.
Claims can be pursued and defended. Workers' compensation cases are handled by administrative law judges or hearing officers rather than a traditional court. Workers' compensation was designed to avoid unnecessary litigation; therefore, appeals are often difficult not only to get but to win.
There are only two exceptions allowing litigation:
It's important to have an experienced workers' compensation attorney evaluate your case. An attorney knows how the compensation system works and can get you the time, money, and medical attention you need to heal from your injury as well as protect your job. Have your workers' compensation case evaluated today.
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