September 10, 2024 | Workers' compensation

As if the relationship between employees and workers wasn’t complex enough, things can become even more complex when an employee suffers an injury at work or while carrying out work related tasks. Injured employees suffer financial hardship due to workplace injuries and illnesses. It is vital that they understand their rights and protections as employees during this period to protect them from economic devastation. Below, we discuss the workers’ compensation system and how it protects the rights of workers.

Workers’ Compensation: An Overview

The workers’ compensation system was established with the goal of protecting employees that suffer injuries or illness at work or as a result of work activities. It is a state-mandated program that requires employers to invest in workers’ compensation insurance to cover their employees. While workers’ compensation insurance is primarily designed to provide protection for injured and ill employees it also provides some protections for employers. Employers are protected from potential lawsuits that could arise from workplace injuries.

The program’s primary objective is to ensure that injured or ill workers receive prompt medical treatment and financial compensation for lost wages without the need to sue their employers. It is a no-fault system that operates on the principle that workers are entitled to certain benefits if they are injured on the job no matter who was at fault.

Protections Provided By Workers Compensation

There are various protections that the workers’ compensation system provides injured workers. These include those listed below:

1. Financial protection

When an employee is injured or becomes ill due to work-related activities, workers’ compensation insurance steps in to provide a financial cushion. The insurance provides benefits that cover several key areas including:

• Medical expenses – workers’ compensation pays for medical treatment required to diagnose and treat the injury or illness. The expenses covered include hospital stays, surgeries, medications, physical therapy and other necessary medical care.
• Lost wages – when a worker is injured, they may have to take time off work for recovery. Workers’ compensation typically provides wage replacement benefits for the period that the worker is not able to work. The amount provided often corresponds to a percentage of the injured worker’s average weekly wage. These benefits are designed to mitigate the financial strain caused as a result of the worker not being able to work due to their injury or illness.
• Disability benefits – these benefits are provided as compensation for permanent or temporary disabilities that workers may suffer as a result of workplace injuries. The amount given is dependent on the wages that the worker was earning at the time of the injury as well as the type of disability suffered. Disabilities are typically categorized as total or partial disabilities.
• Vocational rehabilitation – there are cases where workers are unable to return to their previous job due to the severity of their injuries. When this happens, these workers may receive benefits for vocational rehabilitation expenses. These benefits assist them to learn new skills or find alternative employment.

2. No-fault coverage

Workers’ compensation is a no-fault system. Injured workers are entitled to benefits provided by the insurance cover regardless of who caused the injury or illness. Injured workers do not have to prove fault. They only need to show that their work activities caused the illness or injury or that they were injured at work. This removes the need for lengthy and costly legal battles to determine fault.

3. Protection against retaliation

The workers compensation system allows injured workers to seek compensation for work-related injuries and illnesses without the fear of retaliation from their employers. It is illegal for employers to retaliate in any way against employees who have filed workers’ compensation claims. Workers can seek the benefits they are entitled to without fear of losing their job or suffering other forms of retaliation from their employers.

4. Access to legal recourse

The Workers’ compensation system protects employers from being sued by injured employees for workplace injuries. However, it doesn’t prevent employees from taking legal action against third parties that are responsible for their injuries. Employees can therefore pursue third parties such as subcontractors or equipment manufacturers for additional compensation.

If you or a loved one has been injured at work, it is vital that you take the time to understand your rights and protections under the workers’ compensation system. Don’t hesitate to get in touch with us, High and Younes, LLC. Schedule free consultation with our experienced workers’ compensation attorney and get expert insight on your case.

Workers Compensation Protects Workers Rights