Workmans' compensation is sometimes known as workman's comp or workmen's compensation. Workmans compensation is state-regulated, no-fault liability insurance. The insurance is designed to provide employees who suffer a work-related injury or death medical services, payment of partial lost wages, basic rehabiitation services, or spousal death benefits. Employers in every state except Texas are required to carry this type of insurance. There are some employers who are exempt in certain states from the requirement to carry workmans' compensation insurance, however. Very small companies with few employees or a minimal payroll are examples of those who may be exempt. Independent contractors are not eligible to receive workers' compensation benefits. The purpose of workers' compensation is to protect employers from disputes and litigation which may result from work-related injuries and illness. The no-fault element of this insurance means that employers must cover work-related injuries or illness even if the employee is at fault. Employees do not have to prove employer negligence in order to receive benefits. There are allowances in most cases for states to deny workers' compensation claims that are determined to be fraudulent. An employee working while under the influence of drugs or alcohol or who ignores safety regulations may be deemed ineligible for workers' compensation coverage. Employees should also be aware that the statute of limitations regarding compensation claims varies among individual states. The majority of states pay at least 66 2/3 of an injured or ill employee's lost wages for a predetermined number of weeks or up to a maximum dollar amount. Some states may pay up to 80 percent of lost wages. When a medical assessment or treatment is required due to a work-related injury or illness, many workers' compensation insurances will allow an employee to choose their own health care provider. The employee is sometimes free to use their own primary health care physician or they may be required to choose from a list of company preferred providers. There are currently twenty states, however, that allow the employer to choose the medical provider for those with injuries or illness related to their occupation. Workers' compensation laws were developed in the early 1900's, the era of the industrial age. Work-related injuries became prevalent and employees had no recourse prior to workers' compensation laws. Representatives from various state commissions drafted the Uniform Workmen's Compensation Law in 1910. This law subsequently became the foundation of many of the state statues in place today. The State of Hawaii was the final state to adopt workman compensation legislation. This occurred in 1963.
Ingerman & Horwitz, LLP are Baltimore, Maryland Workers Compensation attorneys with over 100 years of collective experience in recouping benefits that have been denied by an insurance company, employer or the government. Persons who have worked their whole lives shouldn't be penalized if they are injured or become ill and can't work. Loss of Workers' Compensation benefits can affect the entire family and could result in serious emotional and financial hardships, including the loss of savings, property and other assets. Learn more about your workers' Compensation rights and options below.
If youve been denied benefits, contact Ingerman & Horwitz, LLP for a consultation on your legal rights.
