Who Pays Workers’ Comp Claims?

Apr 13, 2015 by

In recent years, the definition of “working” has changed for purposes of workers’ compensation and to cover a wider scope of workplace injuries. Aside from injuries sustained when an accident happens in the workplace, physical conditions due to repetitions and those that have been aggravated over conditions in the workplace are also covered, as well as the psychological effects of the job.

Workers’ compensation is considered a no-fault system; this means regardless of whether the employee is partially at fault for the injuries, they can still receive worker’s compensation (with certain exceptions, depending on each state). One of the rising work-related injuries is caused by repeated movements of the body. Carpal tunnel syndrome which affects the hands, forearms, and wrists is the most common injury, although there are many other injuries in parts of the body that are vulnerable to repetitive motions. Because the body is not meant for doing the same movements a great number of times in a short amount period, serious case of such occupational pains can lead to a permanent disabilities. When the injury does lead to a life-long disability, LaMarca Law Group, P.C., states on its website that making a permanent disability claim would be a better option next to filing a workers’ compensation.

Workers’ compensation claims are often filed through the employer, and would need to be presented with evidence and proper documentation of the said injury. The report should also include how the injury occurred and the circumstances surrounding it. Medical bills, work logs, hospital reports, and pay slips can be used to provide the damage caused by injury. Should your employer refuse to pay for worker’s compensation, the website of Spiros Law, P.C., says that you may be able to file a lawsuit. The complaint should first be filed through a government agency before a private lawsuit is considered. Aside from the worker’s compensation, if the injury is determined by the court to be life-changing, disability laws can take over to aid in permanent disability benefits.

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