Workers’ compensation is a legislative-mandated scheme for all business owners with more than five employees. Under workers’ compensation, the employer is mandated to have insurance coverage for all their employees to safeguard their health in case of job-related injuries. This is a mandated scheme, and every legal business in the United States of America has to opt for it. However, there are still certain restrictions regarding what exactly workers’ compensation covers. In all essence, it heavily depends on the factors of your employment and the environment in which you work. This is why it is highly recommended to contact a Miami workers’ compensation attorney to take the right steps while claiming compensation.
How pays for workers’ compensation?
The burden of paying the insurance premium and, if necessary, the deductible in case any claims are processed will fully rest on the employer and never the employee. All expenses related to workers’ compensation are directly borne by the employer and their insurance company instead of the employee. As an employee, your paycheck will not be deducted to fund your workers’ compensation insurance. Your employer and insurance company could potentially face legal prosecution and lawsuits if they try to charge you in any way as a contribution towards your workers’ compensation.
Why is the employee completely exempted from paying workers’ compensation?
Workers’ compensation is federally mandated to be a job guarantee for all employees. This is to protect the employees’ livelihood and, in exchange, protect the employers from facing lawsuits for punitive and other sorts of damages for any accident while you, the employee, are on the job. This compensation aims to help employees have confidence in their jobs and protect their interests in case of any accidents that may or may not happen while working. Such accidents also include health issues that may or may not arise due to direct or indirect exposure to their work environment.
Everything that is covered under workers’ compensation
Workers’ compensation was created to reduce the liability of the employees for any accident or sickness caused during work. As such, its coverage typically includes what could, in all probability, happen while you are on the job. Typically, in a broad sense, workers’ compensation covers the following:
Medical expenses include all hospital visits, money to buy medication, any therapy your doctor recommends, and more. As an employee, you will not be required to pay any of these expenses.
When you meet with any accident, you will typically lose a few days of work due to your inability to work normally because of the accident. This would result in losing your precious wages, which most employees need to survive. As such, wage losses are also included in workers’ compensation and are expected to be paid to all employees that make their claims. It will be calculated based on your lost hours at work and depending on the contract between your employer and their insurance. They would either pay in installments or in lump sum. For minor accidents (an accident that causes you to miss work for less than 14 days), there exists a grace period for which the employer or their insurance company is not required to pay any lost wages. However, for any major accident, you will receive compensation for all your wages lost.
Any ongoing care
Workers’ compensation will also provide for any ongoing care you might be undergoing that has been exasperated due to your working conditions. You will receive compensation for medical expenses and more.
In case of death, all employees are insured so that their nominee or direct family may receive an insurance payout, which in most cases includes funeral costs. Depending on the scheme the employer has taken with the insurance company, your family will receive multiple partial payments or just one lump sum payment as soon as the paperwork has been sorted out.
Sometimes, your employer may even insure miscellaneous costs such as fuel expenses to visit doctors, equipment expenses, or any other such needs.
What illnesses are covered under workers’ compensation?
Sometimes, continuous working causes several types of injuries due to the working conditions you have been exposed to. All such injuries due to continuous working conditions are covered under working compensation without additional paperwork. There are many cases where an employee would suffer from lasting ailments and would not know the right reason behind their ailments or the right diagnosis. All such cases would be compensated directly under workers’ compensation.
- The compensations metrics in case of partial or total disability
Usually, the payments made to you are made weekly. They vary based on different types of injuries. The compensation paid to you for a temporary injury differs from the compensation paid for any disability caused due to your working conditions. Even in cases of disability, the compensation heavily depends on whether or not you are diagnosed as partially disabled or completely disabled and as temporarily disabled or permanently disabled as well. All of this, only if you are injured while on the job and not for personal injury. Workers’ compensation does not include personal injury cases.
- Illnesses covered under workers’ comp
The list of injuries and illnesses covered under workers’ compensation is extensive. However, it depends extremely on the job that you are doing. For a certain illness to be insured under workers’ compensation, you need to show that your working conditions resulted in you contracting this illness. As such, it’s your employer’s responsibility.
If you are diagnosed with any illness that cannot be connected to your working conditions, whether directly or indirectly, such illnesses are considered personal illnesses and are not compensated under workers’ compensation. Similarly, any injuries or accidents you may have outside your working environment and/or your working shifts will also not be considered for compensation under workers’ compensation.
Workers’ compensation is an employee benefit insurance-based compensation to protect the health and financial freedom of the employees in the United States of America. However, while covering all sorts of diseases and medical conditions in general, this compensation will not cover any of those outside your working environment. Any illness or injury caused outside your working environment will not be considered for any form of compensation under workers’ compensation. Such illnesses are known as personal injuries and are exempt from this scheme. To learn more about workers’ compensation in Miami and to make right claims, contact our workers’ compensation attorneys today.