Types of Financial Benefits paid by Workers’ Compensation

In the past, employers usually observed a hands-off policy in the event of workplace injuries, leaving an injured worker to hurdle physical and financial difficulties all on his/her own. To avail of financial assistance or compensation, an injured worker had to file a lawsuit against his/her employer.

The results of most lawsuits, though, favored the employers, who used one or any combination of the following arguments:

  • Contributory negligence –the injury was a result of the worker’s own act of negligence or recklessness;
  • The fellow worker rule – another worker’s negligent act was the cause of the accident and, thus, the injury; the employer had, whatsoever, nothing to do with it; and/or,
  • Assumption of risk – the nature of the job was dangerous and so the risk of sustaining injuries was always a possibility. Despite knowledge of the dangers, the injured worker still accepted the job.

The federal government took action in 1908, remedying the economic predicament of workers by passing the Workers’ Compensation Insurance benefit into law. Today, this benefit is enforced on employers, who have, at least, three employees working for them.

Workers’ Compensation is aimed at providing immediate financial assistance to workers (without the need for litigation). It should cover cost of medical treatment, lost wages, disability, rehabilitation and death. The employer’s or the company’s financial capability does not matter too as the benefit to be received by qualified applicants is to be paid by an insurance firm.

While the Workers’ Comp frees the employer from any legal obligations, the injured worker may have the right to pursue further legal action if the benefit is not actually offered by the employer, if there is clear proof that the accident was intended by the employer, or if the injury leads to death.

As explained by Spiros Law, P.C., “Recovering from a serious personal injury is a very challenging and trying experience. Victims often are suffering from severe physical and emotional trauma, making tasks that were once ordinary, seemingly impossible. If that were not enough, personal injuries are usually accompanied by mounting medical bills, extensive medical treatment, and prolonged absences from work leading to lost income. It is quite easy to see why so many victims and their families feel overwhelmed in the weeks and months following a personal injury.”

Those who can avail of Workers’ Comp benefits, according to the LaMarca Law Group, PC, are not only workers who work in notoriously dangerous industries because, in reality, any job can lead to serious injuries and medical conditions.

Anyone who develops an occupational disease, hearing loss, or sustains an injury may qualify for this type of support. Some of the most common reasons that individuals file for workers’ compensation are to address the costs resulting from:

  • Repetitive motion injuries
  • Head and brain injuries
  • Neck and back injuries
  • Shoulder and hip injuries

Workers’ Compensation pays benefits not just for workplace injuries too, but any injury or illness that may result to long-term / permanent disability or short-term / temporary disability.

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