Worker’s Compensation is an important thing to be aware of if you’ve been injured on the job. If you are ever injured at your place of employment, worker’s comp could very well save you financially, but it helps to understand what it is, and how the laws affect you. There are a few things people might not otherwise be aware of when it comes to worker’s compensation, and that’s why this guide is here to set them straight. These are the most important aspects of worker’s compensation law you should be aware of.
Worker’s Compensation Applies to Accidents on the Job, Nothing Else
In order to qualify for worker’s compensation, you must be able to show that the incident preventing you from working was an accident that occurred while you were working. Many people get caught on this provision, because no employer is obligated to pay you a cent if you fail to prove the accident occurred at work. Report any injuries you sustain at work as soon as you can to ensure you get the benefits you’re entitled to.
Benefits Do Not Cover Your Entire Wage
Worker’s Compensation is not a substitute for your salary. It’s intended to be a placeholder for your salary until you are fit to work again, and that’s the mindset you should approach it with. Worker’s compensation usually covers about one-half to two-thirds of your wages. Again, treat it like a substitute for your current wages until you are healthy enough to resume work.
It Does Not Matter Who Was At Fault
It might seem as though if the accident was your fault, you are no longer entitled to benefits. That is not true. Regardless of if you caused the accident in question, you are entitled to benefits under the law. In either situation, you can successfully apply for worker’s compensation.
You Must Be An Employee To Qualify
There is a difference in the working world between the legal rights of employees and independent contractors. Employees have the right to apply for worker’s compensation as part of their contractual rights in working for the company. Independent contractors, being only temporary workers for a company, are not protected under business legislation. There are some very rare exceptions to this rule, but if you’re a contractor, do not expect any legal protection in the form of worker’s compensation.
Worker’s Compensation Might Not Be Your Best Choice, Because of The Rights You Give Up
Any person who applies for worker’s compensation gives up his or her right to sue their employer for negligence or otherwise under law. Worker’s compensation, in this way, is seen as a settlement. While generally it’s the best choice in a given legal situation, it’s smart to weigh your options. If you feel you can prove without a doubt that your employer committed negligence, you might not wish to give up your right to sue. Before applying for worker’s compensation, ask yourself if you were perhaps genuinely wronged.
There are a variety of nuances to worker’s compensation laws that a lot of people might not otherwise be aware of. While legal matters don’t have a reputation for being exciting, learning a thing or two about the laws that affect you might just save you time and money some day. Take this knowledge, share it with friends, and rest assured you know what your employers might not tell you about worker’s compensation.
If you’ve been injured on the job and think you may be entitled to worker’s compensation, give us a call today.
