Worker’s Comp: Benefits and Employer Responsibility

Under the worker’s compensation system, employers are required to purchase insurance that provides benefits to employees who suffer work related injuries and illnesses. This system makes it possible for a balance or compromise to exist between employers and employees; the compromise is: ‘employees get benefits despite who was at fault for the injuries or illnesses sustained. In return, employers get protection from lawsuits by injured employees who are seeking monetary damages for pain and suffering or mental anguish.’ This article will examine the benefits available from worker's compensation and the employer’s responsibilities for worker’s compensation.

While the provision of worker’s compensation allows for a compromise to be reached between the employer and the employee, an employee has the right to sue outside third parties who may be at fault for the injuries and illnesses sustained while on the job. Such third parties may include independent contractor

. There are a number of benefits available under the worker’s compensation system, these include but are not limited to the following:

• Worker’s compensation provides for a replacement income when employees are off work
• A provision of payments in case of medical expenses, which includes doctor’s visits, surgeries, and prescription drugs
• Access to vocational rehabilitation benefits - such benefits include: on the job training, education or job placement assistance (depending on the state where the employee is injured)

In addition, compensation allows for an employee who is temporarily unable to work, to receive temporary disability payments

. Such payments are calculated as two thirds of the employee’s average wages, up to a fixed amount set by law. In the event of an employee being permanently unable to carry out the work that he or she was doing before the injury or is unable to work at all, such an employee may be eligible for long term or lump sum benefits for permanent disability. It must be noted that the worker’s compensation system also pays death benefits to surviving dependents of workers who passed away due to work related injuries or illnesses.

The Employer’s Responsibilities for Worker’s Compensation

Employers, generally, have a number of obligations under the worker’s compensation system. Where such requirements are not met, the employer can be fined, and an injured employee may be able to sue an employer in court. Below are some of the responsibilities of employers with respect to worker’s compensation:

• Carry worker’s compensation insurance - if a business does not have worker’s compensation coverage that is required by law, employees may file a lawsuit against the business in civil court.
• Post notices and advise employees of their legal rights - employers must post required notices in convenient locations that are frequented by employees during working hours. The notices or posters contain important information about the employee’s rights, provide information about the company’s worker’s compensation carrier, and give details about available worker’s compensation benefits.
• Provide claim forms to injured employees – generally, employers must provide injured employees with a worker’s compensation claim forms within twenty-four hours of receiving notification of the injury.

For worker’s compensation representation

hire Anchorage attorney handling worker’s compensation matters.

To contact Anchorage attorneys, the author recommends Crowson Law Group.