Sunday, January 31, 2010

This Is How A Worker's Compensation Program Works

By Nick Williams

Worker's Compensation plans were initiated in an effort to protect both employers and employees. They are beneficial to employers because the plans protect them from lawsuit. This enables them to accurately budget expenses for claims. Employees benefit because they can continue to receive cash payments while injured, along with some or all of related medical costs. While Worker's Compensation statutes differ between states, the basic remain the same.

In the majority of the states, companies purchase coverage from insurance companies. Only a handful of states utilize a public plan, which is funded by mandatory payments from employers. Other states have a hybrid program. Under these arrangements, employers are to contract with insurance companies for coverage. Those that cannot obtain coverage in this manner, such as those rejected by private carriers as high risk, will pay into a public plan.

In general, workers who are injured on the job, whether from accident or occupational illness, are entitled to receive a percentage of their salary until they can return to work. There is usually a waiting period of several days before the program begins. In some states, payments continue until the employee can resume normal work duties, even if this takes years. Other states pay for a set time frame, after which a lump sum settlement is made if the employee still cannot work.

Normally, all health care costs incurred due to the injury or illness are covered, either partially or completely. Hospitals, doctors, prescriptions, physical therapy, and medical equipment are considered eligible items under the plan.

When an employee is deemed able to resume work, but cannot perform the job held before the claim, many states offer training for the worker to secure a different position. An example of this would be where a worker who normally stood all day could no longer be on his feet for extended periods and received training in computers. Normally, if he is judged able to work at this new career, he must accept or lose benefits.

Any worker who suffers an injury while at work should immediately notify a manager or supervisor, who will obtain any eyewitness reports and file a report. A drug test will probably be ordered for the injured worker, since alcohol or drug usage normally leads to a denial of benefits. The employee will likely be required to use the hospitals or physicians that the employer designates.

Anyone receiving payments or benefits are obligated to work with the Worker's Compensation program toward complete recovery. Failure to obey medical orders, attend any therapy ordered, or to take part in re-training can lead to termination from the program. Benefits can also be stopped if the employee refuses to accept an altered position after being deemed capable of resuming a limited work schedule

If hurt relating to the job, or made sick by toxins or working conditions, it is necessary that workers report the injury and file worker's compensation claims immediately. managers and supervisors should offer workers claims forms to fill out. It may also be advisable to consult an attorney who specializes in worker's compensation law, if the worker suspects the employer or the insurance company could challenge their claim.

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