When Does Workers’ Comp Apply?
In general, if an employee suffers an injury while on the job, workers’ compensation insurance applies.
For instance, if an employee strains their back while lifting construction materials, or a back-of-house worker at a retail store slips on a spill and sustains a broken arm, workers’ compensation insurance will protect you financially, as the employer, and get your employee the help they need.
Most states legally require businesses to carry this type of coverage, and it’s crucial to understand your employees’ rights when workers’ comp comes into play.
Rights Under Workers’ Comp
Below are the rights of employees when it comes to workers’ compensation claims:
- Filing a Claim: To begin the process, every employee has the right to file a claim, and there should be no discouragement or intervention by the employer.
- Treatment: Workers are entitled to all necessary treatment, including hospital stays, doctor’s visits, rehabilitation, and medications.
- Wage Replacement: In the event that an injury prevents the team member from working, they may receive partial wage replacement through treatment and recovery.
- Workplace Accommodations: Employees have the right to return to work after the incident, even if restrictions or accommodations are required.
- Appeal: If the claim is denied, workers are allowed to go through a formal appeal process as they see fit.
- Legal Representation: Employees have the right to obtain legal representation to assist them in pursuing a workers’ compensation claim.
- Retaliation: Employers may not fire, demote, or retaliate against a worker in any way throughout the insurance process.
Additionally, depending on the situation, your employee may have the right to choose their preferred medical professional, lump-sum settlements may be negotiated, and dependents may be entitled to compensation if the workplace injury results in death.
Have Questions?
If you have questions about workers’ compensation insurance or the claims process, please reach out to Steve Longenecker at Mountain Insurance: Longmont (303-808-9351 x2).
We give out $25 gift cards for referrals that become our insurance clients.
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