Workers compensation is the insurance that gives cash benefits and medical care to workers who may be injured because of work that they do. For people living in Kentucky workers compensation law refers to the set of rules in various states which are meant to pay the expenses of workers who are harmed or injured while at work. Employees can recover wages that have been lost, disability payments or medical expenses. They will also handle costs of retraining and rehabilitation.
The system gets administered by states and is normally financed by contributions remitted by employers. People who are employed by the federal government will also access the same services. The laws were enacted by various states to replace the traditional personal injury laws. This was done so that risk is removed from both employees and the employers. Outside the compensation system however, an employee who gets injured as a result of their work can still file a lawsuit to prove their employer is responsible.
When cases are filed this way, there will be delays and there is also the possibility that the worker may lose the case and end up recovering nothing. From perspective of an employer, compensation eliminates possibility of litigation which might lead to more demands. Even in a case where employers act negligently and an employee gets hurt or is killed, they are still only responsible for ordinary contributions. In short, it works like an insurance program.
In exchange for certainty with which the program comes, there is also the price for beneficiaries. Workers will not be allowed to sue employers or their fellow employees for negligence. They cannot benefit as much from lawsuits. For employers, the main shortcoming is premium that is charged. It will be an addition to the payroll that must always be paid should there be an accident or not.
Each state provides some exceptions that allow workers to bypass the compensation statutes and file lawsuits for damages. These include situations where co-workers or employers have caused harm intentionally to a worker. There might also be exceptions when workers are injured by products that are defective or explosives. A worker is allowed to file a lawsuit against third parties like landowners and drivers.
You should understand the procedure in contested cases. When claims are filed, one might be shocked to realize that their employer is disputing validity of the claims. Employers have the incentive to dispute claims that they feel are improper. This is so because the rates that they pay are affected by many claims filed on their behalf. Claims are investigated by state workers compensation boards which then make decisions.
As this takes place, the employee will be seeing a physician. They will evaluate the worker on behalf of a state. In case the board rules that that claim is not covered, there is always room for appeal by the employee. The option comes in handy when a worker is not satisfied with the ruling.
Employees will be able to protect their rights when it comes to compensation by retaining a legal counsel. Attorneys will be helpful. They can present a case that is watertight for maximum benefits.
The system gets administered by states and is normally financed by contributions remitted by employers. People who are employed by the federal government will also access the same services. The laws were enacted by various states to replace the traditional personal injury laws. This was done so that risk is removed from both employees and the employers. Outside the compensation system however, an employee who gets injured as a result of their work can still file a lawsuit to prove their employer is responsible.
When cases are filed this way, there will be delays and there is also the possibility that the worker may lose the case and end up recovering nothing. From perspective of an employer, compensation eliminates possibility of litigation which might lead to more demands. Even in a case where employers act negligently and an employee gets hurt or is killed, they are still only responsible for ordinary contributions. In short, it works like an insurance program.
In exchange for certainty with which the program comes, there is also the price for beneficiaries. Workers will not be allowed to sue employers or their fellow employees for negligence. They cannot benefit as much from lawsuits. For employers, the main shortcoming is premium that is charged. It will be an addition to the payroll that must always be paid should there be an accident or not.
Each state provides some exceptions that allow workers to bypass the compensation statutes and file lawsuits for damages. These include situations where co-workers or employers have caused harm intentionally to a worker. There might also be exceptions when workers are injured by products that are defective or explosives. A worker is allowed to file a lawsuit against third parties like landowners and drivers.
You should understand the procedure in contested cases. When claims are filed, one might be shocked to realize that their employer is disputing validity of the claims. Employers have the incentive to dispute claims that they feel are improper. This is so because the rates that they pay are affected by many claims filed on their behalf. Claims are investigated by state workers compensation boards which then make decisions.
As this takes place, the employee will be seeing a physician. They will evaluate the worker on behalf of a state. In case the board rules that that claim is not covered, there is always room for appeal by the employee. The option comes in handy when a worker is not satisfied with the ruling.
Employees will be able to protect their rights when it comes to compensation by retaining a legal counsel. Attorneys will be helpful. They can present a case that is watertight for maximum benefits.
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