Workers Compensation: The Facts You Need

If you are an employee or an employer in the United States, you need to know the laws regulating workers compensation. These laws will differ to some extent from state to state.

If you are an employee or an employer in the United States, you need to know the law as it pertains to workers compensation. These laws will differ to some extent from state to state, so it is a good idea to have both a general knowledge of the field and the specifics as it pertains to where you live. As an employer, you need to know the law well, as it can have a big impact on what kind of insurance you need to carry and where you need to stand when it comes to staying legal. As an employee, you need to know where you can turn in case of an injury you've suffered while on the job. Here are the facts you need.

Workers Compensation Isn't Always Required

As an employer, you may not need to carry the insurance. This will be different in every state, but there is typically a minimum number of employees needed before it becomes a requirement. This minimum number, however, is usually quite small. It is often between two and four, so if you have an employee workforce above that, chances are you are required to carry the policy. At the same time, this policy may not need to cover all of your employees. This is important for employees to know as well. A casual employee (as defined by your state) may not need to be covered.

Proof of Fault

It is a common misconception that an employer must be at fault for an injury in order for workers compensation benefits to kick in. This is not the case. You do not need to prove fault in order to receive the care and benefits you need for your injury. You do, however, need to have documentation and proof that the injury did indeed take place at the workplace and not offsite.

Healthcare Provider

If you're in a car accident, your insurance company can make a strong suggestion as to where they would prefer you to take your vehicle for repair, but they cannot insist upon it. When it comes to workers compensation, however, your employer and the insurance company do have the power to tell you where to go. If you choose to go elsewhere, you could lose the benefits. Now, there are reasonable restrictions on this. They can't advise you to go to a hospital or clinic ten hours away, as this would be an obvious loophole under which they could skirt their responsibilities. As long as the request is reasonable, however, you must seek out the care they recommend.

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