A Comprehensive Guide to Workers' Compensation
When you go to work, you expect to work in a safe, clean environment. For this reason, most employers must provide insurance in the case of work-related accidents. If you would like to know more about workers' compensation, keep reading.
What Is Workers' Compensation?
Workers' compensation is a type of insurance nearly all businesses are required to have. The rules and regulations vary by state, but in Michigan, all businesses with one or more employees must have workers' compensation. If an employer fails to provide workers' compensation, it could lead to fines and possible lawsuits.
Workers' compensation insurance covers medical bills and lost wages related to work-related injuries. However, it doesn't usually cover injuries related to drugs, alcohol, or extremely inappropriate behavior, such as purposely breaking safety rules or roughhousing with another employee.
If the injury didn't occur on the premises, it must occur while you are working. So, if you were injured in a car accident while going to the post office for your boss, you should be covered. If you are on the premises but not working (such as taking your lunch in the breakroom), you should also qualify for workers' compensation.
Why Is Workers' Compensation Beneficial?
In most injury cases, you need to prove who caused the accident, duty of care, and neglect before winning your settlement. Not only is this time-consuming, but you could be left with nothing without this proof. However, you can file a workers' compensation claim even if you were responsible for the accident, such as dropping products or tripping over debris you forgot to clean.
You can get reimbursed for medical bills, and lost wages, but you may also get money for necessary retraining if you become disabled or unable to perform your old job. Similarly, you can get coverage for long-term or permanent injuries and wrongful deaths.
Employees who file for workers' compensation benefits should also be protected against retaliation. Some employers may feel bitter and want to fire an employee who gets injured on the job, but the Equal Employment Opportunity Commission (EEOC) prohibits retaliation against you and any employee who may cooperate in EEOC investigations against the employer.
What Are the Drawbacks of Workers' Compensation?
There are two main drawbacks of workers' compensation. First, you can't get pain and suffering benefits. Pain and suffering are often hard to measure. Both physical and emotional pain and suffering can leave you with life-long issues, such as scars, limited mobility, depression, anxiety, and much more.
Second, you usually must choose the workers' compensation path after an injury. Except in rare cases, you can't sue for work-related injuries. Therefore, you will not be able to get the pain and suffering benefits you may deserve. The only way to get reimbursed for your medical bills and lost wages is by filing a claim with the workers' compensation insurance.
Can You Ever Sue for Work-Related Injuries?
There are some rare instances in which you can sue. For starters, if your employer doesn't provide workers' compensation, you can usually sue. Similarly, if your employer doesn't have enough workers' compensation insurance, you may be allowed to sue.
If a third party caused the accident, you can usually sue the third party. This may involve a faulty product, a reckless driver, etc. In this case, you can also file your workers' compensation claim, but if you receive money in the lawsuit, you may have to repay some or all the workers' compensation benefits.
Last, if someone purposely hurt you, or your employer participated in gross negligence, you can usually file a lawsuit in addition to filing the workers' compensation claim. Again, you may have to repay some or all of the benefits, depending on the result of your lawsuit.
Worker's compensation benefits are incredibly valuable, but problems can arise. The insurance agency may try to fight your claim, or your employer may turn against you. Regardless, a skilled attorney can help. If you want to know more, or if you want to hire an attorney to help with your claim, contact us at Gordon and Pont, PC today.
