Most people have been victims of accidents while on duty, but not all of them have been compensated. Some are afraid to claim their benefits because they believe that since they are at fault, the insurance company could deny them the payments. If you are an employee, you should know that you are entitled to a workers’ compensation during such situations and it is your right to claim it.
Some countries require every employer to have this type of insurance. However, this is not a universal law applied in all states. Sioux Falls workers compensation regulations, for instance, don’t require the employer to have this cover, but you are at risk of being hit by a lawsuit.
Here are some of the important things you should know about workers’ compensation:
What Is Workers’ Compensation?
Also known as workers’ comp, this is an insurance program designed to offer benefits to workers who are forced to stay out of work due to job-related injuries or illnesses. It ensures that these employees receive the right compensation for the medical costs and lost wages during that period. Most common cases covered by this program include loss of limb, permanent impairment, medical bills, lost wages, rehabilitation, and even death.
Usually, the victim will receive coverage regardless of the party at fault. From the outside, it seems like an additional business expense, but it actually works to protect the employer from litigation and any other risks of being uninsured should any of the cases listed above occur.
Facts About Workers’ Compensation Cases
1. You Have The Right To Choose Your Doctor
As an employee, you are not limited to the doctors chosen for you by the employer. Many business owners and insurance firms have the tendency of picking doctors for their clients. It is not wrong to do so, but if you are not fine with the hospital or doctor assigned to you, you can change as you wish. Well, usually, your choice must come from a list created by the employer. Nonetheless, that should not stop you from selecting your preferred doctor, provided you prove that the list was not properly posted.
2. A Pre-Existing Health Condition Should Not Prevent You From Getting Your Benefits
Some workers are afraid of filing a workers’ compensation case because they believe that their pre-existing condition will work against them. You can still claim your benefits even if you got injured in the same area of the body where you’ve had prior medical treatment. Provided you can prove that the injury is current, and you sustained it while on duty, then, it shouldn’t be an issue. One of the reasons why you’ll need to hire a lawyer is because aggravation cases can be complicated, and you could easily lose if you are not keen to details. Watch this video for more information on when you need a personal injury lawyer: https://www.youtube.com/watch?v=AUezElENZFo
3. A Statute Of Limitation
This is another very important thing you should know about a workers’ compensation case. It is the time limit within which you should file your claim. The range may vary with the type of case you are planning to file with the relevant authorities. If you do not meet the deadline, you will probably lose the case even before you get the chance to prove it. Depending on your country’s legislation, the statute of limitations may range from 30 days to 12 months or so.
4. Losing Your Job Does Not Mean The End Of Your Case
It is possible to lose your job in the middle or even before you start your claims. According to the law, you still have a case to file, and being fired cannot change that. As you would expect, your employer might have the upper hand in the case, but only if your firing is justified. Therefore, you need to consult your attorney and find the best way to handle your situation. In case you are reinstated, remember that you don’t have to do a job that you feel could harm your injured limb or any other part of the body. Government regulations protect you as a worker from such issues.
5. You Can Sue Your Employer or The Insurance Company
Sometimes, the insurance company can deny your claim. If you believe that their decision is illegal, you can file a case against the firm or your employer, depending on the situation. You can fight these parties if you are convinced that they are not conducting their operations according to the law. There are regulations governing the decisions of your insurance company.
Many workers are suffering in the hands of their employers or insurance companies because they are not informed of their rights. For instance, most of them do not know that they can choose their preferred doctor rather than go with the employer’s choice. Whether you are still working or have already been fired, your case will continue; however, things might get somewhat complicated. As such, it is always important to reach out to the experts for help. Keep in mind that you have a limited time to table your claims. Otherwise, you’ll lose your case.