In order to be covered by workers’ compensation benefits, your employer must be insured for workers’ comp, you must be an employee (rather than an independent contractor) and finally the injury or illness must be work-related.
Worker’s compensation is a state mandated insurance that provides compensation to employees who suffer job-related injuries and illnesses. Workers’ compensation is handled at a state level and for up to date information you can contact your state’s workers’ compensation office.
(See http://www.dir.ca.gov/dwc/dwc_home_page.htm for further information).
(See http://www.dir.ca.gov/dwc/dwc_home_page.htm for further information).
Usually if an employee suffers from a work-related illness or injury he will be able to benefit from workers’ compensation benefits regardless of who is responsible, the employer, a co-worker a customer or any third party. In exchange, employees loose the right to sue the employer in Court.
Workers’ comp covers hospital and all medical expenses necessary to diagnose and treat the employee’s injury. It can also provide disability payments while the employee is unable to work, which usually corresponds to two thirds of the usual salary. If most of the injuries related to work are covered, workers’ comp will not provide benefits if the employee was intoxicated or using illegal drugs, if the injury was self-inflicted, if the employee was injured while committing a serious crime or if his conduct violated the company policy.
Workers’ comp covers accidents, as well as long term issues such as chronic back problems or gradual results of work conditions such as lung disease or stress related digestive problems.
The injury does not necessarily need to occur on the workplace. Injuries that happen while travelling to business or even while attending a business-related social function can be covered by workers’ comp benefits.
The doctor’s report will have a huge impact on the benefits the employee will receive and typically you he will have to see the doctor paid for by your employer or the insurance company. Keep in mind that the doctor interest, in order to keep future business with the employer, will be to minimize the seriousness of the injury or to identify it as a preexisting condition.
We mentioned earlier that employees usually loose the right to sue their employer in court in exchange of full coverage regardless of the author of the injury. Nevertheless, if your injury results from an intentional action on the part of your employer, you will still be able to sue him in Court, aside of the workers’ compensation system.