There are laws set in every state that require medium and large-sized businesses to offer their employees compensation benefits. Irrespective of whether you are subject to workers’ compensation or have decided to maintain coverage voluntarily, you should be aware of the benefits as an employer.
This will help you take the required steps and ensure a seamless reimbursement in any workplace accidents.
In addition to the benefits, knowing the tax implications, other benefit payments, and workers’ compensation can help.
What Are The Ground Rules Of Workers’ Compensation?
State laws usually govern workers’ compensation laws. It mainly offers every employee protection against loss of income due to work-related injuries, illnesses, or diseases. It also provides medical benefits. In the majority of the states, this law is compulsory.
However, even if the coverage plan is not obligatory, voluntarily participating in such a program is always a wiser decision. This is because it helps protect both your workers as well as your business’s reputation in the industry. If you have only recently found out about such a program, here are some basic elements shared by the law:
The employees will be subject to all statutory benefits in place in case of any injury suffered as a cause of or during employment.
The employee will be entitled to medical or death benefits and wage loss. Usually, wage-loss benefits include about half or two-thirds of the employee’s overall weekly payment.
As defined by the law, employees only include full-time workers of the company and not independent contractors.
Whether it was the employee’s negligence or their complement lack of fault that caused the accident is not a deciding factor when it comes to providing the benefits.
If the employee accepts the compensation benefits, they give up the right to sue the employer. In exchange, you will be reimbursed with the decided amount and receive medical benefits.
If there is a negligent third party involved in causing the accident, the employee still holds the right to sue them. All proceedings from the lawsuit will first get used to reimburse the employer for any benefits provided to the employee.
Benefits are only applicable if the injury is caused in the workplace or during work hours. Any self-inflicted injuries caused due to substance abuse or intoxication will not get considered.
However, the process of filing a lawsuit or ensuring that you get fair compensation can be a hassle. An inexperienced worker can easily be taken advantage of, which makes it very important to seek help from a professional Oakland workers’ compensation lawyer. With their experience and expertise in the field, you will surely be able to mold the case in your favor.
Do The Workers’ Compensation Laws Apply To You?
The majority of the states have agreed that any employer with more than one employee should be covered. However, the few other states keep smaller employers out of such policies. They believe that this compensation policy should be applicable, only if a company is turning in profits and have a rather big workforce.
However, even if you are exempt from this law, you can voluntarily decide to take part in it. Participating in this state program has its pros and cons. Some of the main advantages of enrolling yourself in the workers’ compensation program include:
A significant reduction in your liability for on-site injuries and the remedies are limited to the ones available under the law. This means your employee cannot sue you for your entire property.
The kinds of benefits you might have to pay your employee get are limited. You are only liable for the benefits stated under the law, which can save you a lot of financial hassle.
It helps predict your expenses in a scenario like this, helping you plan your finances and disability laws much better.
Having a reliable workers’ compensation lawyer in Oakland from Latimer Law work with you and guide you can be helpful.
Also, Here You Get to Know More About the Common Responsibilities of a Labor Lawyer