Workers’ comp is a shorter name for “workers’ compensation.” Workers’ compensation is a brand of law that effectively acts as insurance. If a worker gets injured on the job, he or she can file for workers’ compensation and possibly receive weekly payments to replace income lost due to the injury. In certain cases, these payments may even be made to family members of the worker if the worker dies in a work related incident or is permanently incapacitated as a result of the accident.
Agreeing to accept workers’ compensation usually exists as a legal trade-off. As part of the agreement, the worker typically relinquishes his or her right to sue the employer for damages. These include punitive damages that are not solely related to a loss of income.
However, there is one main benefit that filing for workers’ compensation entails. The worker does not need to prove that the employer acted negligently and that negligence caused the injury. So while it is possible to win less money in a workers’ compensation case, only having to prove that an injury took place while on the job may be easier than proving the employer acted negligently in causing the injury.
Loss of income isn’t the only thing workers’ compensation typically covers. Fore one, the compensation will more than likely cover medical bills resulting from surgery and treatment related to the work place injury. During the recovery from the injury, the worker will typically receive two-thirds of his or her lost income. However, if the worker is permanently injured, the compensation may also cover the cost of vocational rehabilitation. This vocational rehabilitation will allow the worker to learn a new skill so he or she can start a new career.
Federal workers’ compensation laws are only likely to affect federal workers and those who work in interstate commerce. State laws regarding workers’ compensation can vary greatly. This is why if you are considering filing, you should contact an attorney with strong knowledge of these state laws to give you the best advice on what to do.
Disclaimer: The preceding article is not meant as sound legal advice, and is only provided for informational purposes.
If you have not received the workers compensation that you deserve after an injury, contact Wurtzel Law in NYC, New York.
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