When you have employees working under you, you need to keep in mind that should they get involved in an accident while working, you will bear the entire cost.
If you get the worker’s compensation insurance, then you will no longer have to worry about having to pay for unforeseen events. With a worker’s compensation, you will be able to cover the medical expenses of your employees without having to shed one penny from your pocket.
For instance, if your employee gets involved in a car accident while he was on his way to work or was going to meet a client on your behalf, the worker’s compensation insurance will cover the necessary costs.
The good news is it doesn’t matter if your hired hand was in his own car or in one of the company’s cars, as long as he was in the car for a work-related purpose, he would be taken care of.
Apart from injuries, worker’s compensation insurance covers other areas a swell. If terrorists attack your company or there is a theft and the worker’s life is in danger, then the aforementioned insurance will cover the expenses if the employee is injured in the process. In addition, this insurance works in case of natural disasters, such as flooding and fire.
But, the worker’s compensation insurance will cease to work in the following cases:
-
If the employee was under the influence of alcohol or some kind of drug, then the compensation will be withheld
-
If the injuries were self imposed (sometimes deliberately to get the benefits), then this particular compensation would be denied
If you get injured without your fault and the employer fires you, then you have the legal right to report him to the authorities. Also, if your employer refuses to believe or overlooks your injury, then immediately hire a worker’s compensation attorney, who will be able to help you. If you are lucky, he might also treat your case as pro bono.
Business owners run a huge risk from getting sued by everyone including their employees. Therefore, it’s necessary for every business owner to obtain worker’s compensation insurance.
Earlier employees used to sue their employers if they got involved in workplace accidents. The entire process was tiring and excessively long where in the end none of the part benefitted and if the court declared that the employer was not at fault, then the worker gained nothing.
The worker’s compensation insurance is beneficial for both the employer and employee as now there will be no conflict of interest if an employee is injured in the workplace.
Sometimes the worker’s compensation is known as “exclusive remedy” because in exchange for the expenses covered by the employer for work-related accidents and diseases, the employee surrenders his or her exclusive right to sue the employer.
Sometimes the employer still is sued and the said insurance does not help him in any way. Some of the exceptional cases where he might be taken to court are:
-
When the employer or any other employee sexually torments the employee
-
The employer intentionally harms the employee, which results in an injury, or worse, death
-
The manager has broken the federal law revolving around the accommodation and transportation of workers who are immigrants
-
Sometimes a psychological injury, like post traumatic stress disorder (PTSD) is not covered by the insurance and the worker or his family might press charges against the employer for that
Another important fact that both the employer and employee needs to be aware of is that once the employee accepts the insurance he or she can never sue the employer again apart from the above exceptional cases.
The below list will give you a fair idea about what kind of workers will be able to get the worker’s compensation insurance:
-
Casual workers
-
Independent contractors
-
Volunteers
-
Farmers
-
Railroad laborers
-
Naval employees
Sometimes an employer not agreeing to pay for the damages caused by your work environment might be a blessing in disguise. It will not only tarnish his reputation, if you are able to prove your case in the court, you will be awarded for various damages expenses like medical, penal, earnings which you lost out to due to the injury, and also for psychological stress.
Continue Reading for Free
Register and gain access to:
- Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.