What Can Be Considered Workers’ Compensation?

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Whether you are an employee or an employer, it is important to understand your state workers’ compensation insurance laws. This type of commercial insurance compensates employees when they get injured at work. On the other hand, it protects employers from financial losses when an employee suffers a work-related injury. Before filing a claim to get compensated, here is what you need to know about workers’ compensation insurance.

The Injury Has to be Work-Related

For you to qualify for workers’ compensation, the injury suffered needs to be work-related. Accidents on the job are not uncommon. In fact, on average, every year there are about 40,000 occupational illnesses and injuries reported to the Kansas Division of Workers’ Compensation. Most of these injuries are from high-risk jobs like construction. However, if you get injured due to misconduct, you will not receive compensation, even if it is at work. Workers’ compensation also provides cover for illnesses resulting in working conditions. For instance, asbestos exposure can lead to mesothelioma. Recently, courts have also established that any injuries linked to mental and emotional stress fall under workers’ compensation insurance as well.

The Injured Victim Has to be Considered an Employee

As expected, only registered employees can receive compensation for the injuries suffered. However, what constitutes an employee can differ from state to state. For instance, if you are doing a job for a subcontractor and you get injured, which party is responsible for workers’ compensation benefits? Is it the general subcontractor, the project owner, or you? If you are a subcontractor, ensure you have an ironclad contract that explicitly states who is responsible for providing the insurance cover.

Employer Has to Insured

Any business with employees needs to be insured. This is a mandatory law in almost all states. It is important to confirm your employer is carrying workers’ compensation insurance. Even if you are a part-time employee, you need to be covered. You may have to file a workers’ compensation lawsuit to get compensated in certain circumstances. Take a situation where you are working for a timeshare. Timeshare owners spend an average of $21,455 on buying a one-week stay.

On top of that, there are also maintenance fees paid to the developer. If you are cleaning a timeshare and you get injured due to poor maintenance in the space, how do you ensure you are compensated for the damages? If the developer or the timeshare owner does not have workers’ compensation insurance, the best route is to sue for damages.

Steps to Take After Being Injured

If you get injured on the job, you need to report immediately to your supervisor. They will indicate the date, time, and nature of the injury. It is always best to report the injury immediately for a better outcome. Also, note that certain injuries can worsen an already existing condition. For instance, a traumatic brain injury (TBI) can exacerbate diabetes. Unfortunately, diabetes is a serious health condition, and about 15% of patients with diabetes mellitus suffer from diabetic foot ulcers. If your condition worsens due to a work-related injury, you deserve to be compensated.

How Much is workers’ Compensation Settlement

It can be hard to boil down the figure to a certain number since injuries differ. However, here are some key points to remember:

    • An average compensation can be anything between $17,000 and $27,000
    • About 73% of employees are compensated for the injuries suffered through worker compensation
    • People who work with a workers’ compensation attorney are likely to receive a higher settlement than those who do not have a lawyer.

After filing for a workers’ compensation claim, it can be hard to say how long it will take before one receives the payout. It all depends on your case. However, you can choose to receive your settlement in a lump sum or in structured payments. For the latter, the payment can be structured either weekly or monthly for a particular period.

Navigating a workers’ compensation claim is not always a bed of roses. But knowing what to expect can help you handle the situation better.

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