What Is Workers’ Compensation, and How Does It Work?
What Is Workers’ Compensation?
Accidents, injuries, or illnesses can happen in any workplace environment. But what if your injury is so severe that you can’t return to work right away. . .or at all? Medical expenses, rent, credit card bills, etc., start to mount up very quickly. For that reason, states have implemented what is known as workers’ compensation to help employees through such hard times.
Workers’ Compensation is an insurance program that reimburses injured employees for medical expenses and lost wages until they can return to work. It may also pay death benefits if the worker was killed on the job. Before these programs were enacted, employees had to resort to litigation to prove that their injuries were related to their jobs. Today, 49 of the 50 states mandate workers’ compensation insurance programs (Texas is the only state that does not).
How Does It Work?
Your employer will obtain workers’ compensation insurance from private insurers or by a self-insurance program approved by the state. The premiums the employer must pay are based on:
- Industry Classification: Each industry is classified based on its risk level. For example, construction is more risky than office work, thereby increasing those premiums.
- Payroll Size: The amount an employer pays in premiums is partly based on their total payroll. More employees typically mean higher premiums.
- Experience Modification Rate: Employers with a history of fewer claims might pay lower premiums, while those with more claims may pay more. Great incentive to enforce the best possible safety standards.
Your employer is required to keep up with their state’s workers’ compensation insurance laws, to remain compliant with all applicable rules and regulations. For instance, your employer might be required to display posters telling employees about their rights under workers’ compensation laws and how to report a claim.
What Should I Do If I Am Hurt On-The-Job?
Just as your employer has a duty to you, employees have a duty to their employers. Let’s look at the requirements for an injured employee:
- Report your injury to your employer: In both Florida and Georgia, notify your employer as soon as possible, but definitely within 30 days of the injury. Delays in reporting can complicate your claim and jeopardize your ability to receive benefits.
- Seek Medical Attention: Get a medical evaluation to document your injuries and begin treatment. In Georgia, your employer will have a posted list of the physicians you may see, along with their contact information. In Florida, the medical provider you see must be approved by your employer’s insurance carrier; therefore, ask your employer which health care provider you should see.
- File the Claim: Submit your workers’ compensation claim with all required documentation to start the process. Your employer will have the forms you need to fill out to ensure compliance with the insurance requirements.
- Ensure Accurate Documentation: Keep detailed records of the injury, medical visits, and any communications with your employer and the insurance company.
- Follow Medical Advice: Follow all medical recommendations and attend all appointments to support your claim.
- Seek Legal Advice: Consult with a workers’ compensation lawyer to help navigate the process and avoid pitfalls. As with everything in life, there are restrictions and exceptions. A knowledgeable, experienced workers’ compensation lawyer can help you avoid any pitfalls throughout the process of obtaining workers’ compensation benefits.
What If My Employer Doesn’t Believe I Was Injured On the Job?
In both Florida and Georgia, workers’ compensation insurance is a “no-fault” system. This means that, as the employee, you do not have to prove that your employer was at fault for your injury or illness in order to receive workers’ compensation benefits. There are, however, instances where a dispute arises, either on the part of the employer or the employee. In that case, each state has a method to resolve these disagreements, usually through some form of alternative dispute resolution. You should seek legal advice from an experienced workers’ compensation lawyer in those situations.
Any Other Deadlines I Should Meet?
Yes, there is something called the “statute of limitations.” Understanding the statute of limitations is crucial for filing workers’ compensation claims. The statute of limitations in Florida and Georgia for these claims is two years. You must file your claim within two years of the injury date. In this case, too, you will want to consult an experienced workers’ compensation lawyer to guide you through this process.
Call Us for a Free Case Evaluation
At The Leach Firm, P.A., we serve the people of Florida and Georgia with over 100 years of combined experience in fighting workplace discrimination, personal injury, and workers’ compensation cases. Let us be your advocates to help you get the best results for your workplace injury. Call us at 844-722-7567 or contact us online to get a free case evaluation with a seasoned lawyer in Florida or Georgia.
