| Workers Compensation |
| General Workers Compensation |
| Pre-Existing Conditions |
| Workers Compensation Benefits |
| Filing a Workers Compensation Claim |
Workers' Compensation and Medical Health
Workers' compensation is a legal system that allows part of the cost of occupational injury and illness to be shifted from the workers to their employers. Workers' compensation statutes are intended to ensure that employees who are injured or disabled while performing their jobs are provided with wage replacement, medical health and rehabilitation benefits directly by their employers or indirectly by the latter's insurance companies.
In essence, the workers' compensation system provides insurance against occupational disease or injury, with the employer paying for it. In return, there is a no-fault assumption in favor of the employer, thus the worker cannot sue the employer. For as long as it satisfies the legal definition of being work-related, any injury or illness is compensable and it does not matter who was at fault.
Prior to 1912, workers who were injured on the job needed to file a lawsuit against his or her employer for compensation. As a result of a federal government mandate in 1912, majority of the states adopted a Workmen's Compensation Act. The name morphed into Workers' Compensation as time passed and more women became more active in the workforce.
The legislative intent of most, if not all, Workers' Compensation Acts is to establish a system where a worker can receive compensation without needing to prove the employer was negligent. Not all employees and employers are covered by the state compensation acts, however. There are states that do not include employers who have only 3 to 5 employees. Employees, such as domestic help, baby-sitters, volunteers, and other temporary employees are also excluded from the coverage of the act.
To avail of the benefits of worker's compensation, including medical health, you must file a claim in a timely manner with the state agency which is tasked to administer the workers' compensation system. You do not automatically become eligible for benefits; there is a waiting period during which claims may be (and they often are) contested. When this occurs, an administrative or a judicial agency undertakes to review your claim. And if your claim is denied, you must consider hiring the services of an experienced and skilled workers' compensation attorney to help you navigate the appeals process.