Requirements Regarding An Employee And A Workers Compensation Insurance Company
For many years there have been on-the-job accidents where an employee was injured. Fortunately, under the law, the employer must be covered by a workers compensation insurance company. This requirement goes back in United States History to 1902 when a state law was passed in Maryland. It is an essential part of any situation where there are employees and offers protection for both the employee and the employer.
This insurance guarantees that an employee injured on the job will receive the necessary medical care and wages while incapacitated. Should a worker be killed on the job his or her family will receive benefits under workers compensation coverage. Should the injured party require long-term care, retraining or rehabilitation that is also covered under this insurance.
Rules and regulations vary from state to state regarding this type of insurance but it is mandatory everywhere. California has its own State Workers Compensation Fund which an employer can use. There is also an alternative of getting the insurance from broker who deals in insurance or a private insurance carrier.
The rules regarding workers compensation coverage are quite complex and are periodically amended. Any employer or employee who has questions should consult with someone who is knowledgeable on the subject. However, there is no exception to the rule that the employer must have this insurance.
Unless an employee has provided written notice regarding what physician to contact in case of an injury, the employer chooses who is to be contacted. If no notification is given the employee must wait 30 days before changing doctors. On occasion this is noted on the employment papers.
Under Workers compensation coverage, for a temporary or total disability, the injured party must wait 3 days before filing a claim for benefits. If they are hospitalized or the injury continues for a period of 14 days the claim is retroactive to the date of the injury. It should be noted that if a worker is injured because they were intoxicated or committed willful misconduct, they cannot collect workman's compensation coverage, nor will any benefits be paid.
Depending on the laws of the state, an injured worker can be denied benefits if the accident was caused by their negligence or if they were intoxicated. If such an employee feels they were wrongly treated they can contact a lawyer and ask for a Compensation Litigation to hear their case. The workers compensation insurance company would represent the employer in such a case.
Get the inside scoop on the requirements of an employer and a workers compensation insurance company now in our complete workers compensation coverage overview.