Employee Compensation Options for Work Related Injuries

If you are injured on the job, you may be eligible for workers’ compensation, or workers’ comp. Also known as workmen’s compensation, workers’ comp offers the injured money towards medical expenses resulting from a work related injury, and other related damages. In exchange, no one is found “at fault” for the injury, and the employer is safe from lawsuits filed by the injured employee. This form of compensation often covers employees of factories and mills, construction companies, other manufacturing companies, etc. who are more likely to sustain work-related injuries than those working in other sectors of the economy.

How Does Workers’ Comp Work?

Generally, almost all employers are required to hold workers compensation insurance because of the risks posed to their employees. Because injuries can be severe, employers offer this insurance to protect themselves against exorbitant lawsuits.

To provide workers’ comp, an employer makes an arrangement with an insurance company and pays the insurance company a monthly premium.
Then, if an employee is injured, the insurance company pays the claim directly, and the employer avoids having to pay large sums at once, unexpectedly.

The amount that an employee gets paid is often determined, and communicated, when the employee accepts a job. These defined terms are designed again to protect the employer from exorbitant costs. Specific monetary fees are assigned to most specific injuries, and are published in employee handbooks and contracts.

Some workers’ compensation cases are open and shut. An employee is clearly injured while performing work-related duties, other employees witness the injury, and the employer is most likely to pay out workers’ comp benefits. However, when no one sees an injury occur, or when an injury is less visible to the naked eye, more difficulties can arise for employees seeking workers’ comp benefits.

How Does Workers’ Comp Help or Hurt Employees?

While workers’ comp is designed to pay employees for injuries sustained at work, such benefits do not necessarily pay enough to cover all injury-associated expenses, and do not cover non-monetary damages, such as pain and suffering. In most cases, employees will get less being covered by workers’ comp than if they were able to file a personal injury claim against an employer, but they generally do not have a choice.

Furthermore, collecting workers compensation from a previous employer can affect future employability. While employers are not supposed to discriminate based on previous workers’ compensation records, they may try to use that against you in the future.

Getting Help

If you have suffered a work related injury, worker's comp may be your only recourse to recover. As such, you need to consult with a qualified and experienced personal injury attorney who can assist you in applying for and understanding the benefits you are entitled to.

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