Workers compensation refers to insurance which offers cash benefits or medical care for employees who may be injured because of work that they do. For the residents of Kentucky workers compensation law refers to the rules in different states which are designed to cater for expenses or employees who get injured while at work. Such employees will be able to recover lost wages, their medical expenses and disability payment. Also taken care of are retraining costs and costs associated with disability.
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 the certainty that it offers, the workers compensation system has a price for employers and employees. Workers are not allowed to sue employers or co-workers for negligence. They stand to benefit less from lawsuits. For the employer, the main shortcoming is the premium they are charged by the state. The added payroll expense is paid whether accidents occur or not.
States have some exceptions which enable workers to bypass compensation statues and hence go ahead to file lawsuits for damages incurred. These will include a situation where employers or co-workers intentionally injure a worker. The same will apply to when a worker is injured by devices that are faulty or by explosives. Workers are allowed to file suits against such third parties as drivers or landowners.
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 happens, a physician will see the employee. They will perform evaluation on behalf of the state. Should the board rule that the claim is not catered for, there is always room for appeal. This will help an employee who may not be content 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 the certainty that it offers, the workers compensation system has a price for employers and employees. Workers are not allowed to sue employers or co-workers for negligence. They stand to benefit less from lawsuits. For the employer, the main shortcoming is the premium they are charged by the state. The added payroll expense is paid whether accidents occur or not.
States have some exceptions which enable workers to bypass compensation statues and hence go ahead to file lawsuits for damages incurred. These will include a situation where employers or co-workers intentionally injure a worker. The same will apply to when a worker is injured by devices that are faulty or by explosives. Workers are allowed to file suits against such third parties as drivers or landowners.
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 happens, a physician will see the employee. They will perform evaluation on behalf of the state. Should the board rule that the claim is not catered for, there is always room for appeal. This will help an employee who may not be content 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.
About the Author:
Find an overview of the benefits of consulting a Kentucky workers compensation law practitioner and more info about a reputable attorney at http://moriartylawoffice.com/practice-areas now.