Worker’s compensation insurance offers employees compensation for injuries or disabilities which they have developed during a workplace accident.
It covers medical expenses, a portion of lost wages and rehabilitation. The workers compensation settlement can either be a lump sum settlement or a structured payment plan.
While these are general facts about worker’s compensation, there are other facts you might not know.
Given below are some surprising facts about worker’s compensation.
- Wisconsin Was The First State To Pass The Worker’s Compensation Law
The Worker’s Accident Insurance Act which was passed in 1884 is a modern worker’s compensation system compared to the Employer’s Liability Law of 1871. The latter gave limited protection to workers only in certain factories, railroads and mines.
Before this, injured workers had to go to court to receive compensation. They hardly received compensation because employers took advantage of several laws to avoid liability and even blamed the workers for causing their own injuries.
Poor working conditions like cramped working spaces, exposure to toxic chemicals and lack of safety measures often contributed to workplace injuries.
- Worker’s Compensation Does Not Cover All Injuries
Given below are some of the injuries which are not covered by worker’s compensation.
- Intoxication – Injuries which are a result of drug or alcohol abuse will not be covered by worker’s compensation. All workers are expected to stay away from drugs and alcohol in the workplace.
- Commuting – Unless you are travelling for a job related purpose like making deliveries for your employer or travelling for business, you are not covered by worker’s compensation insurance if you get injured while commuting to and from your home.
- Fights – If you intentionally start a fight with another co-worker and get injured in the process, your injuries will not be covered by worker’s compensation.
If you don’t know whether your injury is covered by worker’s compensation, we recommend hiring a good workers’ compensation lawyer who can help you determine whether you are eligible to receive benefits.
- Worker’s Compensation Insurance Might Cover Your Injury Even If it Didn’t Happen On The Work Site
In case you were injured while running an errand for your employer, making deliveries or travelling for any other job related purposes within the scope of employment, your injuries might be covered by worker’s compensation.
This will depend on different states according to the laws laid down by them. Injuries during commuting are usually not covered.
- An Injured Worker Can Sue Their Employer
If an injured worker plans on suing their employer, he/she will have to waive their right to worker’s compensation.
They must also be able to prove that the employer’s negligence was intentional or reckless.
- If A Worker Develops A Condition Or Disease Due To Poor Workplace Conditions, He Might Be Eligible For Worker’s Compensation
Occupational diseases which are sustained by workers during the course of their employment might be covered by worker’s insurance.
Some of the diseases include,
- Skin diseases due to physical, chemical or biological agents.
- Occupational asthma which is caused by sensitizing agents
- Lung cancer and skin cancers caused by tar, bitumen, pitch, mineral oil and other toxic compounds.
- Bronchopulmonary diseases
- Hear impairment and vision loss
- Worker’s Insurance Doesn’t provide Compensation For Pain And Suffering
Worker’s insurance settlements are different from personal injury settlements in this case.
Personal injury lawsuits provide compensation for pain and suffering but worker’s compensation covers only medical expenses, lost wages and financial support for disabilities.
- Injured Workers Can Receive Worker’s Compensation And Social Security Disability Benefits At The Same Time
If an injured worker applies for social security disability benefits, he is also required to disclose information about his worker’s compensation claim and mention the payments he has received.
In most cases, the amount of worker’s compensation benefits can reduce your SSDI benefits. The Social Security Administration requires a reduction in SSDI benefits so the total monthly amount received is not more than 80% of net earnings of the individual. Click here to read more about SSD and learn how legal professionals can help you with it.
- Majority Of Worker’s Compensation Benefits Are Not Taxable
Generally, worker’s compensation benefits are not taxable at state or federal levels.
If you are entitled to SSDI and worker’s compensation benefits at the same time, a portion of your worker’s compensation benefits might be taxed.
Conclusion
If you are an employee working for a company it is good to have a proper knowledge about how worker’s compensation works. This will help you to be fully prepared in case you develop a workplace injury in the course of your employment.
