For many years there have been on-the-job accidents where an employee was injured. Fortunately, under the law, the employer must be covered by a workers compensation insurance company. This requirement goes back in United States History to 1902 when a state law was passed in Maryland. It is an essential part of any situation where there are employees and offers protection for both the employee and the employer.
This insurance guarantees that an employee injured on the job will receive the necessary medical care and wages while incapacitated. Should a worker be killed on the job his or her family will receive benefits under workers compensation coverage. Should the injured party require long-term care, retraining or rehabilitation that is also covered under this insurance.
The rules and regulations concerning this fund vary from state to state. However, in California an employer has a choice of obtaining this insurance from a broker, a private insurance carrier or choose to use coverage by way of the California State Workers Compensation Fund. The State Compensation Insurance Fund is a division of the California Department of Industrial Relations.
There are many different rules under the law regarding compensation coverage for injured workers. At times they seem complex and they can be amended at any time. If an employer or employee has questions they should contact someone who is knowledgeable in this area. In any case, there are no exceptions to the requirement for this coverage.
Unless an employee has provided written notice regarding what physician to contact in case of an injury, the employer chooses who is to be contacted. If no notification is given the employee must wait 30 days before changing doctors. On occasion this is noted on the employment papers.
There is a waiting period of three days after an injury before a claim can be filed for benefits. This period is rescinded to the date of the accident if the employee is hospitalized or is off work because of the injury, for a period of 14 days. The Federal Government also has special compensation for specific injuries from certain government projects.
A worker cannot collect workman compensation coverage if they are injured through their own negligence or because they are intoxicated. On occasion, where there is a worker who is denied benefit that there will be a case with a lawyer and Workers’ Compensation Litigation. In this case the workers compensation insurance company would be involved.
Get the exclusive low down on the requirements of an employer and a workers compensation insurance company now in our workers compensation coverage guide.
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