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.
The purpose of this insurance is to make sure that anyone injured on the job receives adequate medical attention as well as wages. Retraining and rehabilitation is also included as well as benefits for the workers family if the worker is killed. This is an important law for companies that have employees and this coverage is mandatory.
Rules and regulations vary from state to state regarding this type of insurance but it is mandatory everywhere. California has its own State Workers Compensation Fund which an employer can use. There is also an alternative of getting the insurance from broker who deals in insurance or a private insurance carrier.
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.
For an employee, workers compensation coverage for a temporary or total disability, they must wait 3 days before filing a claim for benefits. If they are hospitalized or the injury continues for a period of 14 days the claim is retroactive to the date of the injury. Rehabilitation and long term care are included under this coverage.
The employer chooses the referral physician unless they have it in writing that the employee wants their personal doctor. If the worker has not done this they must wait 30 days before making a change. When being employed many workers fill out a form regarding their choice of a physician so the notice is on file.
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.