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Workers’ Compensation Insurance: What It is and How to Apply for It

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Job sites are common venues where individuals sustain personal injuries and, of the many different sites of work, the ones where the highest number of injuries are sustained are construction sites.

The top four causes of severe injuries and untimely death at construction sites are falls, being struck by construction vehicles or equipment, being caught-in-between / pinned between equipment and a solid object and electrocution, which can cause burns, explosions and fire.

Due to the financial losses and costly medical expenses an employee can suffer from in the event of an accident, a workers’ compensation insurance becomes truly beneficial. Also known as the workman’s compensation insurance or employers’ liability insurance, this benefit is mandated by the state on firms that regularly employ at least three employees, on those operating as limited liability companies and partnerships, sole proprietorships or corporation (firms with only one employee, but whose work requires exposure to radiation, ought to have the coverage too).

Workers’ compensation is an insurance program intended to provide financial benefits/assistance to employees suffering from job-related illnesses or injuries. It offers wage replacement (usually one-half to two-thirds of their regular wage, but which is tax free) and medical, disability, rehabilitation or death benefits to employees regardless of the cause of the injury or who was at fault for such injury. In exchange for this benefit, employees are to waive their right to sue to their employer for damages.

There are workers, however, who are not covered by this compensation benefit; some of them are certain railroad employees, some sellers of agricultural products and farm laborers, domestic servants, casual employees, independent contractors and company owners. Commuting to and from work are not covered by the insurance, as stipulated in the Coming and Going rule; running errands for the employer, transporting goods and traveling as required by the job, though, are.

The essential steps that will lead to availing the benefit include:

  • The independent medical examination (IME), which is performed by a doctor authorized by the insurance company whose examination of, and report about, your injury will help determine the amount of compensation you’ll be offered;
  • Notifying your employer within 30 days after your injury was sustained or when your illness began (some states allow a two-year statute of limitation) is actually the first step in filing for a claim. Your employer will supply you with the claims forms required, otherwise, you can get them from your state’s Division of Workers’ Compensation.
  • Filling out all forms and supplying all required information, such as: your name, address, the date and time when injury was sustained, the place where the injury was sustained, full description of your injury, your Social Security Number, your employer’s name and address, the date your employer was informed of the injury, the date you received your claim form, your salary, the dates you were not able to work, plus other vital information.

Getting a claim denied, though, has been a common woe to many applicants; but such denials, as identified in the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., are simply caused by failure to fully and correctly fill out the forms, failure to submit the forms within the statute of limitation, exaggerating a claim or filling out the wrong forms altogether. To be able to complete all required forms correctly and submit everything on time, make sure you seek legal assistance whose help can save you all the confusion, delays or, worse, denial of your claim.

One Response to “Workers’ Compensation Insurance: What It is and How to Apply for It”

  1. Do you have a facebook where I can see more posts like this?

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