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Frequently Asked Questions about Workers' Compensation
Q: In general, what does workers' compensation cover?
A: Workers' compensation covers almost all injury, disease and death that occur in the course of employment such as from regular on-the-job events like falls, dangerous equipment use or malfunction, repetitive movements, and chemical or environmental contamination. Commonly covered are carpal tunnel syndrome, wounds, back injuries and industrial diseases. Some states cover mental or psychological harm that can be connected to the workplace. To be covered, injury does not necessarily have to occur at the job site if work is done off-site or work travel is required.
Q: Are there limitations on what kinds of injuries are covered by workers' compensation?
A: Workers' compensation coverage varies from state to state. Some states do not cover certain problems such as some mental health issues; pre-existing injury or illness, unless exacerbated by current injury; self-inflicted injury; injury caused by intoxication, drug use or illegal activity; or injury during activity in violation of company policy.
• Harrisburg Workers Compensation Lawyers
• Workmens' Compensation Attorneys
For nearly thirty years the Law Firm of Peters & Wasilefski has provided a full range of legal services involving workers compensation issues. When you meet with our attorneys to discuss your workers compensation issue, you will understand why we have earned Martindale-Hubbell's highest AV rating * for law firm excellence. If you have a workers' compensation issue, you need to speak to an experienced attorney at Peters & Wasilefski.
Contact us to schedule a consultation about your workers compensation issue. Our experience makes the difference you are counting on for success.
*Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards. An AV rating is the highest peer review rating.
Workers' Compensation - An Overview for Employers
The laws that govern workers' compensation guarantee that an employee who is injured on the job or contracts an industrial disease will receive money benefits to cover lost wages and medical bills. In exchange, the employee may not sue the employer for any negligence. There are sound public policy reasons for the workers' compensation system. First, it offers an efficient way to determine compensation. Second, the no-fault model affords the employer secure knowledge that there will be no expensive and time-consuming litigation. Third, the amount of litigation that work injuries and illnesses could conceivably produce would overwhelm the court system.
Most workers' compensation claims fall under the jurisdiction of the states, so each employer should first look to its own state's workers' compensation law because variations exist from state to state. Some employees and employers fall under federal workers' compensation law, such as most federal employees, maritime, energy, mining and railroad workers. If you are faced with a workers' compensation issue you should seek legal counsel. A workers' compensation attorney is an excellent resource.
Workers' Compensation Coverage
The workers' compensation system guaranties a worker recovery for an injury that occurred on the job and also protects the employer from being sued in court for the injury. In essence, the employee trades the right to litigate the fault of a workplace injury for a reliable award. This benefits the employer because unpredictable litigation could result in numerous and more costly awards. Workers' compensation can be viewed as no-fault. In other words, there is never a need to prove exactly what happened; regardless of who was at fault, the worker receives compensation.
Types of Injuries Covered by Workers' Compensation
Workers' compensation covers injuries and diseases arising out of and in the course of employment. Although the most commonly included condition is an injury from a one-time workplace accident, other compensable problems can arise in a number of different situations. The covered injury to the employee does not necessarily need to be from a typical accident, but could be the result of a series of small events that in combination results in a serious condition. Examples of such gradual, cumulative injuries include repetitive stress injuries like carpal tunnel syndrome and back and disk injuries. In addition, coverage is typically given for diseases resulting from exposure to toxic or dangerous chemicals in the workplace. Finally, although the formulas for coverage for mental harm vary greatly from state to state, many states compensate for psychological or emotional damage arising out of the workplace.
Federal Law and Workers' Compensation
State law governs the majority of workers' compensation situations. Federal workers' compensation laws are applicable to a few notable exceptions, such as workers participating in particular industries, namely certain railroad, maritime, mining and energy employees; certain workers exposed to radiation; and most civilian workers employed by the federal government. Employers need to understand the intricacies of the particular laws that apply to them, whether federal or state. A workers' compensation attorney at our firm is an excellent resource for this information.
Employer Retaliation
An employer has the legal and ethical duty not to retaliate against an employee who exercises his or her workplace rights. Retaliation in employment is defined as any employer action that has a negative effect on an employee taken because he or she asserted workplace rights. Federal and most states' laws prohibit an employer from discriminating against a workers' compensation claimant or against any other employee who offers supporting testimony on behalf of a workers' compensation claimant.
Workers' Compensation Resource Links
Cornell University Law School
Cornell's Legal Information Institute (LII) gives both general information about workers' compensation law and also links to statutes, cases and other related material.
State Workers' Compensation Agencies
Links and contact information for the workers' compensation agencies in all 50 states and other US jurisdictions' compiled by the North Carolina Industrial Commission.
Office of Workers' Compensation Programs
Division of the US Department of Labor (DOL) that administers federal workers' compensation programs for most federal employees, energy workers, maritime workers and coal miners.
Employer Costs for Employee Compensation
News release from the Bureau of Labor Statistics (BLS) including detailed data about the composition of employee compensation, including workers' compensation costs.
Reduce Workers’ Compensation Costs
From The Air Conditioning, Heating and Refrigeration NEWS®, article about workers' compensation cost containment for employers.
