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All about Workers' compensation Law

  • Workers' compensation is insurance that provides cash benefits and medical care for workers who are injured as a direct result of their job. Employers pay for this insurance policy, and shall not need the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are remunerated by the employer's insurance carrier, as manageable by the Workers' Compensation Board. This Workers' Compensation Board is a state agency that processes the claims. If Board intervention is necessary, it will find out whether that insurer will reimburse for cash benefit and medical care or the amounts payable. A Workers' Compensation Attorney can be hired while dealing with this insurance policy.

    In a case of workers' compensation, no one party is observed to be at fault. The amount that a claimant receives is not decreased by his negligence, nor enhanced by an employer's fault. Nevertheless, a worker loses his right to workers' compensation if the injury results solely from his toxic condition, or from the intent to injure himself or someone else.

    A claim is cashed if the employer or insurance carrier agrees that the injury is totally work-related. If the employer or insurance carrier conflicts the claim, no cash benefits are paid until the workers' compensation law judge settles who is right. If a worker is not obtaining benefits because the employer or insurance carrier is arguing that the accidental injury is not job-related, he may be eligible for disability benefits in the meanwhile. Any payments cleared under the Disability Program, however, will be deducted from future workers' compensation awards. A Workers' Compensation Attorney can let you know your potential claims rightfully.

    If you can return to work but your injury forbids you from earning the same wages you once did, you are eligible to a benefit that will make up two-thirds of the amount difference. You may also return to work in light duty before you are fully healed.

    Special Considerations : There is no penalty for reporting a workplace injury to an employer, but this stipulation is impossible to govern on an individual level, especially in construction industries where an employee's livelihood depends to a degree on their physical abilities. Workers' compensation payments are also susceptible to insurance fraud as in many cases workers will sustain an unrelated injury but report that it was sustained while on the job.

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