What is Worker's Compensation? Can I Get It?

Worker's Compensation (or workman's comp) is a crucial part of the stability of our modern day workplace. Without a good compensation program in place, worker's could be left out in the cold after an injury incident.

This article is here to explain what exactly worker's compensation is, and if you are eligible to receive it.

What is Worker's Compensation?

If you are on the job 8 hours-a-day 5 days-a-week, there is a definite risk of getting hurt. After all, your job takes up the bulk of your day! Worker's compensation is an overarching program that gives employees the right to covered medical care or financial relief.

A stronger definition: "Worker's Comp is a form of insurance that provides compensation medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. While plans differ between jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment. General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in worker compensation plans." - en.wikipedia.org/wiki/Workers_compensation

For worker's compensation to take effect, an injury or illness has to occur during the course of standard employment.

The Catch

As you may have noticed in the above definition, employees are often waved of their right to sue for negligence when participating in a worker's compensation program. This allows companies to protect themselves from larger more detrimental settlements.

Punitive damages, or those incidences caused by neglect and negligence of an employer, are generally not a part of worker's compensation cases.

The Importance of State

When it comes to workman's comp, every state has its own set of rules and statutes. More information on that can be found here - www.workerscompensation.com/stateregs.php

One of the first things you have to do when considering workman's comp is recognizing which state you are legally working in. From their, it is critical to acquire a skilled personal injury lawyer familiar with your state's system.

Legal Rights

As with any form of insurance, companies will often try to find any and every reason not to pay you. Sometimes they may be correct under the letter of the law, but to get your fair chance at financial or medical relief you need to come prepared with a competent attorney. At the very least, have one look over the details of your case. Most good attorney's will provide you with a free legal consultation.