Some Important Facts On Workers' Compensation

By: Stella Trestrian


Worker's compensation can be best described as an insurance policy. Worker's compensation law has been formulated specifically to protect the right of an employee who fall sick or has sustained injury while carrying out the duties at his workplace. It also pays for damages to the family of the injured employee, if he has suffered a serious injury or failed to return to work for a long period of time.

Each state furnishes its own rules and regulations regarding workers' compensation. State laws establishes the forms of injuries and illnesses that are actionable and the compensation that an injured employee is liable to obtain under those conditions. The coverage entails work associated sickness, illness, falls and other types of accidents in the workplace.

It is also important to note that workers' compensation does not only cover the medical expenses. It also makes arrangement to compensate the loss of wage of the injured worker by providing him up to 2/3 of his usual wage, until he is able to return to his normal duty.

What are you supposed to do if you suffer an on the job injury?

Most of the time it is found that injured workers ignore a major injury and is reluctant in reporting it to their employer. You should keep in mind that an insurance company can deny a valid claim if the injury has not been reported to the employer in time and in a proper way. So, report your on the job injury as soon as possible and follow the reporting procedure that your employer has outlined for his workers. Prompt reporting plays a major role in making successful claim and it will also allow the insurance company adjuster to initiate the proceedings to settle your claim.

Injured employee in most cases also makes delay in visiting a doctor. Prompt medical action is essential to prove the intensity of your injuries that you have sustained at your workplace. Again, it is important for the injured employee to follow the essential guidelines set by the doctor. Like, if the doctor recommends certain lifting restrictions and it is violated by the injured employee, it may lead to reduction or loss of benefits that he is entitled to.

In general, the insurance company adjuster contacts the injured worker, seeking his statement. Now, the insurance company in most cases will try to pay least amount of benefit, to secure the interest of the employer. Worker who has sustained injury can always seek legal advice to make the best possible settlement. So, it is best to contact a law firm that appoints experienced attorneys. Expert lawyers will not only combat with the insurance company to make best negotiation, but can move your case to the courtroom, if required.

When you can sue your employer for workers' compensation injury?

If you have sustained injury at your workplace for using dangerous or defective equipment or for wrong instruction or training about the operation of any particular instrument, you can take legal step against your employer.

Again, if an employer causes injury to his employee intentionally, then he can bring a lawsuit against the employer.

Sometimes, it happens that a third party, say another company is working on your employer's premises and commits an act that leads to your injury. For instance, if a contractor is repairing your employer’s building and drop something on you causing serious injury, you can also pursue legal action against that person and his employer.

However, it is important to get in touch with expert lawyer to litigate your case efficiently. A specialized workers' compensation law firm will effectively handle your case, so that you get what you deserve.

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I am an internet blogger and writer. It is my passion to write about different meaningful topics. In this article I have highlighted some major facts on Workers' Compensation after collecting information from some reputed workers' compensation attorneys in New York City.

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