Every employer must provide a safe work environment for their employees. Employees who suffer a workplace-related injury or illness are entitled to collect workers’ compensation benefits from the employer.
However, workers’ comp is a complex issue because laws regarding this program vary from state to state. The matter can get even more complicated if your employer or their insurer attempts to deny liability or lower your claim’s value.
But worry not, as these five critical facts about workers’ compensation will help you protect your rights when you suffer a workplace injury or illness.
You Will Collect Workers’ Comp Benefits Regardless of Fault
Some employees tend to confuse workers’ comp with a personal injury claim. However, looking at a workers’ compensation claim and personal injury compared, there’s a huge difference between the two.
Workers’ comp is a “no-fault” system, meaning it does not require proof of liability to recover benefits. Therefore, as long as the accident happened in the course and scope of your job, you will be eligible for workers’ comp benefits, even if your negligence caused your injury.
On the other hand, a personal injury claim awards benefits based on who was at fault. That means you may not receive compensation if the other party can prove that you were responsible for the accident that caused your injuries.
Timing is Key When Claiming Workers’ Comp
For a workers’ compensation to be valid, you must file your claim within the timeline specified in your state’s statute of limitations, which may vary from one state to another.
In most states, the timeline for filing a workers’ comp lawsuit is two years from the date of your workplace injury. However, the day you notice the symptoms is considered the date of the incident for occupational illnesses.
Once the statute of limitation expires, you might find it challenging to recover any benefits for on-the-job injuries. Therefore, it’s always a good idea to involve a lawyer from the beginning to ensure you stay within your rights when pursuing your workers’ compensation benefits.
Workers’ Compensation Can Cover Long-Term Effects
Besides covering workplace injuries involving one-time accidents such as slips and falls, workers’ comp can also cover injuries or illnesses resulting from occupational exposure.
For instance, if you were diagnosed with cancer from breathing in asbestos fibers at work for an extended period, your injury could be covered by your employer’s workers’ compensation plan.
Building a claim involving a long-term on-the-job injury claim can be tricky as it may require more professional research. That’s why you must work with an experienced attorney to help you gather the necessary evidence and build a strong case.
Workers’ Compensation Laws Can Vary From State to State
Workers’ compensation is a mandatory requirement in almost all states. However, the legislation guiding workers’ compensation requirements can vary from one state to another.
For example, most states require employers with a certain number of employees, usually two to five, to have coverage. Some states also have more stringent requirements for businesses in the construction and agricultural sector, while others allow charities and private employers to opt-out of the workers’ comp system.
If you sustain on-the-job injuries but your employer lacks workers’ compensation insurance, talking to a workers’ compensation can help you understand your legal rights and options.
Filing a Workers’ Comp Won’t Cost You Your Job.
Many employees fear pursuing their workers’ compensation claims, thinking their employers might fire them. On the contrary, filing a claim for a work-related injury or illness should not affect an employee’s status with the company.
The reason for this is simple; the Equal Employment Opportunity Commission (EEO) laws prohibit employers from firing, disciplining, retaliating, or discriminating against an employee who files a valid claim for workers’ compensation benefits.
If you are fired for seeking compensation for work-related injuries, you may want to file a wrongful termination lawsuit with the help of a lawyer.
