What Employers Must Know About Workers’ Compensation
Workers’ compensation benefits are paid only after a stringent medical chart review. Here are some aspects of this program employers should know.
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U.S. states have laws that require employers of a certain size to provide workers’ compensation benefits to their employees. Therefore, employers must be aware of what benefits are payable in the wake of an accident and consequent injury, and the proper steps to take. They must also have a clear idea of the tax implications of the benefits and how other benefit payments may have an impact on workers’ compensation. Workers’ compensation laws are governed by individual state law and protect the workers against loss of income and for medical payments related to work-related injuries and illnesses. This insurance program is a fair one because the benefits are paid only after stringent evaluation of the injury or illness via a medical records review. Here are some aspects of state workers’ compensation law that employers need to know. ➢ Workers’ compensation covers illnesses as well as accidents. Employees who develop long-term illnesses from work such as respiratory problems, repetitive stress injuries or even cancer are protected by workers’ compensation. ➢ Workers must bring their claim promptly, typically within 2 years of when a worker knew or should have known about the accident or injury. This period may vary with different states. ➢ The benefits paid include wage loss, medical and death benefits. Wage benefits usually cover about one-half to two-thirds of the worker’s average weekly wage. These benefits are paid by the employer’s insurance carrier as directed by the Workers’ Compensation Board, a state agency that processes the claims. ➢ Covered employees as defined by law do not include independent contractors. ➢ In a workers’ compensation case, no one party is determined to be at fault. ➢ Employees do not have the right to sue the employer for any injury or illness covered by workers’ compensation laws. ➢ The employee has to prove that the injury is work-related and not caused by an outside hobby or unrelated accident. ➢ Employees have the right to sue negligent third parties. Any proceeds from that lawsuit should be first applied to reimburse the employer for any benefits paid to the employee. ➢ Employers can request for an independent medical examination if they are not sure that the injury or illness of the employee is as serious as projected, and work related. www.mosmedicalrecordreview.com
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➢ Workers’ compensation payments are not immediate. The worker must be out of work for 7 days before the system will begin to pay her for the wages she is not earning. ➢ Workers’ compensation benefits also include funeral benefits. ➢ The employer or insurance carrier can dispute the claim, in which case no cash benefits are paid until the workers’ compensation law judge decides who is right. The injured worker may be eligible for disability benefits until the dispute is settled. However, any payments made under the Disability Program will be subtracted from future workers’ compensation awards. ➢ Self-insurance is an option for larger businesses. Most states allow this, provided the organization can show that it has the financial ability to pay any claims that may arise. ➢ Employers can purchase workers’ compensation and liability insurance at the same time. This will help further protect their business. As a medical record retrieval company serving workers’ compensation lawyers, we know that the cost for this insurance program varies by provider and industry. High-risk jobs such as construction or roofing carry higher premiums than office jobs. Moreover, a company’s premiums can increase or decrease according to the number of claims filed. Business owners can reduce claims and lower premiums by creating a safe work environment by training all their workers on workplace safety. It is important to offer them updates and tips on workplace safety and provide incentivize workers’ accident-free work. All equipment should be checked for safety and replaced or repaired if needed. The necessary safety gear and ergonomically friendly office equipment should be provided where needed. Another important thing is to get injured workers back to work faster. An employee wellness program is a great option to encourage healthy living and fitness, which could help reduce the number of employees injured on the job.
www.mosmedicalrecordreview.com
918-221-7791