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On behalf of Koszdin, Fields & Sherry posted in Workers Compensation on Sunday, February 12, 2017.

Workers’ benefits insurance is usually purchased by employers to cover any illnesses or injuries that employees might sustain in the line of duty. This is a state-mandated compensation that is comprised of payments that should be made to employees in the event that they get sick or injured at work. You qualify to be compensated regardless of whose fault it was. Since these benefits act as indemnification, they prevent employees from suing their employers.

Typically, worker’s compensation is meant to cover injuries and losses that result from both employers’ and employees’ carelessness. A wide range of situations and injuries is covered. However, there are certain limits to the extent of coverage. For instance, a benefits claim can be denied if it is established that your on-the-job-injury was sustained while you were drunk or under the influence of drugs. Besides this, your claim can be denied if it is established that you inflicted the injuries on yourself so that you get compensated illegally.

As much as workers’ compensation payments are generally modest, the money received can go a long way in easing your recovery from a workplace accident. Workers’ comp covers:

  • Medical expenses accrued from treating injuries and sickness.
  • Replacement income to cover the lost wages.
  • The cost of retraining in case you are forced to switch jobs.
  • Compensation for permanent injuries that may affect your livelihood.
  • Benefits to your dependents in case you lose your life in a workplace accident.

Once you get compensated, you cannot sue your employer, or his/her insurance company for that matter. There are also caps on the amount of compensation that you are entitled to. Sicknesses and injuries that develop over a long time due to toxic exposure are also covered by workers’ comp. You can sue your employer if you feel like an intentional or reckless action caused your injury. If you choose this option, you are required to forfeit your right to workers’ comp benefits.

If the lawsuit is successful, the judge may order your employer to cover the cost of punitive damages, pain and suffering, medical expenses, mental anguish, and lost wages. If your employer attempts to fire you for filing a compensation claim, you should file a report with the nearest workers’ compensation office for immediate action. In case the insurance company is reluctant to compensate you, it is imperative to hire a workers’ comp lawyer.

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