The vast majority of employees who are injured on the job are good, hardworking citizens who have no intention of bilking the system. Unfortunately, stories of fraud and exaggeration have sometimes given a negative stereotype to “workers’ comp,” or workers’ compensation. According to the U.S. Department of Labor, workers’ compensation is compensation provided to employees who have been injured or become ill through the performance of their workplace duties. Workers’ compensation can consist of medical treatment payments, vocational rehabilitation payments, and wage replacement payments. The legal encyclopedia NOLO reports that workers’ compensation is a required insurance program for businesses and employees can receive benefits regardless of who was at fault for the workplace injury or illness. Laws and regulations for workers’ compensation can differ by state, so employees should be sure to do their own research.
First of all, workers’ compensation is only paid when an employee of a firm is injured or made ill through the performance of his or her job duties. Injuring oneself at work while violating company policies or applicable laws, such as by being intoxicated, may invalidate workers’ compensation. Being injured in the workplace while not on the job may also invalidate workers’ comp. According to Cornell Law School, workers’ compensation is intended to help provide for wrongfully harmed workers while eliminating the need for costly and time-consuming litigation. To prevent excesses, states often have limits on workers’ compensation payments and legal liability for coworkers and employers, providing protection to multiple parties.
Applying for workers’ compensation is important in many instances. First of all, applying for workers’ comp is vital when the illness or injury suffered has the potential to affect job performance. Applying for workers’ comp begins apaper trail that is helpful in proving the employee’s diligence in seeking medical care. Also, 360financialliteracy.org reveals that there are time limits to report on-the-job illness or injuries for compensation, meaning workers should not take an “I’ll wait and see” or “I’ll just tough it out” attitude. If your job performance might be effected, you want to start documenting what happened and establish a paper trail. It may save your job and/or provide evidence in case you later wish to go to court.
Secondly, applying for workers’ comp can provide legal protection for the ill or injured employee. Courts may reject lawsuits from individuals who sue for damages but failed to go through proper channels to seek recourse first, including workers’ comp. Though employees may be angry after a workplace accident and wish to sue, employment contracts and courts of law often require that workers’ compensation be applied for first. Later on, should gross negligence on the part of employer or equipment supplier be evidenced, the injured or ill employee may file a lawsuit. Employees who fail to file for workers’ comp and instead embark on a campaign to get money may find themselves brought to court for breach of contract. It is important for workers to follow proper channels after a workplace accident or illness.
Third, applying for workers’ compensation can be important when a workplace illness or injury occurs during a period of financial instability for the business. Workers who wish to not “rock the boat” by filing for compensation after a workplace injury may find themselves targeted in the next rounds of layoffs. When the economy is tough and employees’ careers are on the line, those who are trying to look good by “toughing it out” after a job-related injury or illness may actually be seen as liabilities by the powers that be. We spoke with The Law Offices of Dworkin and Maciariello who agreed. They said, “Those known to have been injured or sickened while on the job may be seen as lawsuits waiting to happen by their employers, meaning they could soon be laid off. Applying for workers’ compensation begins the important paper trail and may prevent unscrupulous employers from hastily laying off injured workers, hoping to hide from any future liability.”
