Workers’ compensation insurance is one of those things that most people feel like they understand, but that understanding is usually pretty basic and often contains some inaccuracies. How good is your knowledge of workers’ comp and how it could affect you in the future?
Workers Compensation is Insurance
The way that workers compensation will work for you varies depending on the state where you work (not the state where you reside, in case these are different). In general, though, workers compensation is a state insurance system that employers are required to pay into. (In some states, they can opt out of the state system if they buy into a private workers compensation system, but the effect is the same.) If your employer doesn’t participate in workers compensation, they face hefty fines and penalties from the state and can lose their licensing.
Workers Comp is Paid for by Employers
You, as an employee, do not pay for workers’ compensation insurance, your employer pays for it. This is not something that you should be charged for or that should show up on your paycheck — this is an obligation that your employer has to protect their employees in the event of an injury, accident, or illness at work.
Employers of All Sizes are Subject to Workers Compensation
There is no “minimum number of employees” for workers compensation. Businesses of all sizes are required to participate in workers compensation programs within their state. (There are some state-specific exceptions to this, but by and large, all employers are required to participate.)
Workers Comp is Limited to Injuries and Illnesses from Work
Your health insurance (which either you pay for, or maybe you split the cost with your employer) provides you with access to health care regardless of how you came to be sick or injured. Workers compensation insurance is a different kind of insurance that is only applicable for injuries or illnesses that originate at your place of work. Slipped and fell at work and hurt your back? Got carpal tunnel from using your computer mouse for 20 years? Got injured in a car accident making a delivery for your employer? These are the types of situations where workers’ compensation would apply. Workers’ compensation is designed to pay for your medical costs and to reimburse you for unpaid time away from work as a result of your workplace injury or illness. If the injury is severe enough, it can even compensate you long-term if you’re unable to return to work in the same capacity as before your injury.
In Order to Use Workers Comp, Employees Have Certain Obligations
Workers’ compensation is set up to provide financial compensation for employees who are hurt or sick as a result of their work. But accessing these benefits requires certain actions from the injured employee. The accident, injury or illness has to be reported in a timely fashion. Medical records have to be provided to the state. And the employee has to show that they are taking all recommended steps to return themselves to full health (like attending physical therapy sessions). The process can be daunting and difficult to navigate, and it can be helpful to have a workers compensation attorney by your side as you sort through the paperwork and recovery process.
You Can’t Be Fired for Filing a Workers Compensation Claim
Your employer is legally prohibited from firing you for filing a workers compensation claim. Your rights are protected by law, and if you believe that your employer terminated you improperly, you have a right to compensation or reinstatement.
Workers Comp (Usually) Only Applies to Employees (Not Contractors)
Over the past decade, many employers have shifted to counting their workers as contractors rather than employees, and this distinction is one of the factors contributing to that. It’s not quite as simple as an employer asserting that you are a contractor, though — if you’ve been injured on the job, even if you’re officially considered as a contractor, you may be able to have your role reclassified for the purposes of accessing workers compensation and other benefits to which you are legally entitled.
If you have questions about workers compensation, or if you’ve been injured or made sick through your work and you need help with your claim, call a reputable, local workers compensation law firm for help. If you’re here in Cincinnati, you can call us here at CTBC and we’d be happy to answer your questions and see if we can help you.