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Worker's Compensation Guide


Workers' compensation is a type of insurance that provides medical and wage replacement to workers injured in the course of their employment, in return for the voluntary relinquishment of that worker's legal right to sue their employer for the alleged tort of negligence. While there are several types of workers' compensation insurance, they fall into three categories: accident-only compensation, disease-only compensation and residual wages and disability compensation. Accident-only compensation is the most commonly awarded type of workers' compensation insurance. This provides payment only for workers who are injured on the job. For example, if a construction worker falls on a badly built piece of equipment and breaks his leg, he would need to seek compensation for his injuries. If, however, the worker were to sue, then the employer could argue that he was not entitled to workers' compensation because the accident occurred while the worker was performing work at another location.


Disease-only compensation provides payment only for workers who are injured as a result of an occupational disease, while impairment-only compensation provides payment for workers who are temporarily impaired from doing their jobs. For example, a worker may have difficulty walking due to arthritis and require assistance with getting into and out of bed; this impairment would not, therefore, be considered a condition that caused the injury. Similarly, a worker may have difficulty working because of a mental illness that causes him to be unable to concentrate on his job; however, if this illness were found to be true, the worker would not be eligible to recover benefits under disability. Residual income or residuals are benefits that are paid to an injured worker for a pre-determined period of time, after which the payments cease. (Employers are not required to pay these benefits.) Look for more facts about lawyers at https://www.encyclopedia.com/social-sciences-and-law/law/law-divisions-and-codes/lawyer.


Like many other types of insurance, there are many differences between employers and workers' compensation. An employer cannot use workers' compensation against an employee who has used illegal methods to earn a wage or who has falsified information when filing for workers compensation. An employer is also not allowed to take advantage of an injured employee in order to get more money from him or her. Finally, an employer is not required to treat an injured worker any different from another injured employee. Consult John Fagan to know more!


The main article continues below. This article is intended to provide general information regarding workers' compensation laws. It is not legal advice and is not intended to resolve any legal disputes. If you need more legal information or if you feel that you've been wronged by a worker's compensation case, please consult a lawyer from this page. The opinions expressed in this article are the opinion of the author, and they are not necessarily verified by a legal expert.