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Benefits & Rights

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Workers' compensation is a type of insurance that's designed to provide an employee with protection if they are injured or disabled while at work or performing an activity relating to work.

Many businesses offer workers’ compensation insurance to their employees, which provides the employees with a certain amount of coverage while also reducing their ability to file a lawsuit against the company in the event of an injury.

By understanding the benefits of workers’ compensation as well as the rights that you have, you’ll be prepared in the event that you’re injured while on the job.

What is Workers' Compensation?

Workers’ compensation is a state-mandated program that offers payments and compensation no matter who was at fault for the injury. If you obtain this type of insurance when working for your employer, it’s important to understand that receiving the benefits of workers’ compensation insurance means that you’ll be giving up your ability to file a lawsuit against the business in question.

In most cases, workers’ compensation insurance policies offer broad coverage that extend to most accidents or problems that can occur at the work site. However, there are some limits that you should be aware of. For instance, it’s possible for the presence of alcohol or drugs in the system at the time of the accident will cause you to lose your insurance coverage. The compensation could also be withheld if it’s found that the injury was self-inflicted or that the employee wasn’t actually working when the injury took place. A denial might also occur if the injured employee was violating company policy or the law.

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Main Benefits & Rights of Workers' Compensation

While the payments aren’t always high, a workers’ compensation policy provides a range of different benefits, most of which are centered around the kinds of compensation that you’ll receive when injured. The coverage that’s provided by a workers’ compensation policy includes expenses like bills related to medical care, lost wages, any costs for retraining once the injury has healed, additional compensation for permanent injuries, and benefits that are provided to family members of a worker who was killed while on the job. If you collect these benefits, you will no longer have the right to sue your employer. These benefits also don’t provide coverage for emotional pain and suffering.

Legal Options

While workers’ compensation policies take away your ability to file a lawsuit against your employer, this is only true if you accept the benefits of this insurance. If you decide not to file a workers’ compensation claim for your injuries, you may be able to sue your employer if you believe that the action that caused your injury was intentional or reckless. The damages provided at court can include additional forms of compensation such as punitive damages and emotional pain and suffering. Having a workers’ compensation lawyer assist you with your case will help you understand which decision is right for your situation.

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