What Is Workers' Compensation Insurance?

Workers' compensation insurance is a type of insurance that employers buy to ensure their employees are protected in case of an injury. Regardless of who is at fault, this type of insurance can cover things like medical bills, rehabilitation costs, and loss of income. This is a no-fault insurance coverage that is supposed to quickly provide benefits to protect workers who are injured on the job.

How Does Workers' Compensation Work?

Whenever an employee is injured at work they can file a claim for workers compensation benefits.. Each state has its own requirements and limits on how much a worker can be paid and what kind of benefits they can receive. Some of the things these benefits might cover are medical care, compensation for any permanent injuries, benefits to survivors, wage replacement benefits, and rehabilitation expenses.

How to File for Workers' Compensation

You can file a claim for workers' compensation as soon as you get injured. In fact, you should report the injury as soon as possible after the accident.. Pretty much all you have to do is notify your employer that you want to file a claim. Once you do that, they'll be able to give you the paperwork to start filing. You'll fill everything out thoroughly and include documentation. You then turn it back in and the employer will take care of the rest for you. Keep in mind, you'll want to make sure you go through the right channels and people in order to ensure your claim gets filed and no hang-ups happen.

If your employer is not available or refuses to help you with filing the claim, you can make a claim simple by going to a medical provider and reporting the injury to them. They will file a report of injury with the labor commission. You can also file a claim directly with the labor commission. You can find more information at the Utah Labor Commission’s website.

Who Pays for Workers' Compensation?

There are a few things that go into this answer. For starters, the actual insurance is paid by the employer and when an employee files a claim, the employer's insurance will pay for the benefits. One good thing you don't have to worry about is that the majority of employers are required to buy this type of insurance. The only state that does not require a business to buy this insurance is Texas. And if a business misses any payments that result in the insurance stopping, they can get into a lot of trouble and possibly end up paying some hefty fines.

How Does a Workers' Comp Claim Affect the Employer?

Filing a claim doesn't necessarily mean that your employer will deal with a lot of consequences. It's definitely possible that there will be some issues, though. The biggest things they deal with are losing an employee and time. On the other hand, there are some more serious consequences that could happen. Employers can have their insurance rates go up if a claim is made, just like what happens when private individuals have their auto insurance premium increased after an accident. Some employers are self-insured and will have to cover the costs of any workers compensation claims filed against them. It’s important to keep these things in mind because if your employer is moving slowly, asking you not to file a claim, or refusing to take your accident report, they are probably trying to avoid responsibility. You should make sure that your rights are protected by filing the claim as soon as possible.

What Does Workers' Compensation Cover?

The biggest thing to remember about what's covered is to remember that it's going to differ from state to state. Most of the time, these benefits will cover the majority of injuries that happen while you're working. This is the case regardless of whether the job was being done safely and correctly. This includes areas that the employee has to travel to do their job. Some of the injuries covered are falls, various trauma, and diseases that result from your work environment. Keep in mind, some injuries are NOT covered, such as ones that are self-inflicted, suffered while the employee is committing a serious crime, while the employee is under the influence of an illegal substance, or when the employee isn't actually on the job.

How Much Does Workers' Comp Pay?

The exact amount of benefits someone can receive for workers' comp is going to vary greatly from situation to situation. Not only are there certain things that go into the calculations, but many states have a cap on how much someone can receive. With this being the case, it's important to see your state's laws. Keep in mind, just because there is a certain cap, it doesn't mean you'll automatically get the entire amount.

Is Workers' Comp Taxable?

The majority of the time, the benefits that an employee receives through workers' compensation isn't taxable. Although, if they are also receiving Social Security Disability Insurance or SSDI, there's a chance that it will be taxed. Every state is going to differ and have different rules and regulations when it comes to these benefits. With this being the case, it's important to talk to an accountant or tax professional to see what to expect. Not doing so can result in consequences that could put you into a worse situation than you're already in.

Will My Workers' Comp Settlement Affect My Disability Payments?

Depending on the situation, there's a chance that a workers' comp settlement could affect disability payments. The main reason why this is because disability benefits, whether private or government sponsored, often contain provisions that allow them to lower payments if you also receive workers compensation benefits. You need to look at the specific requirements of the disability program to figure out whether there will be any changes in the disability payments.

How to Win Your Workers' Comp Case

Since these cases can take a little time, it's important to do things right in order to win and receive benefits. For starters, make sure you file as quickly as you can with truthful information. This should be done as soon as you have all the important information pertaining to the case. Next, you'll want to obtain witness statements. This is crucial because you want to have people back you up and prove that what you said happened actually did. One thing that can make or break a case is seeking medical care. Even if you don't think it's a big deal, you should seek medical care and make sure you get copies of all the medical records. This will prove that you were seen and the injuries you're claiming are actually present.

What Not to Say to a Workers' Comp Doctor

In addition to getting seen by a regular doctor, many employers will require you to be seen by one of their workers' comp doctors. This is to ensure that all the injuries you're claiming are real and there isn't any kind of bias that could affect the case. Most of the time, these doctors will see you very shortly after your injury to ensure that they're still present. With that being the case, there are some things you want to avoid saying to these doctors. For starters, don't exaggerate your injuries. They'll run tests and be able to tell you're lying, which can hurt your case. You also don't want to lie about injuries you already have because these same tests will give them an idea of how old they are. It's best to be completely honest and stick to the truth.

After reading this, you should have a better understanding of what workers' comp is and the different ways that it can impact you. In addition to having information on how to actually apply, you should be able to be prepared for different situations that might occur. If you're still nervous or unsure, talk to one of our professionals for experienced assistance.