Workplace accidents and injuries are unfortunate realities. Employees who are injured or become ill due to their jobs must receive the necessary medical treatment and financial support. This is where workers’ compensation coverage comes into play.
Employers are legally obligated to provide workers’ compensation coverage according to their respective jurisdictions’ specific laws and regulations. However, sometimes, hurdles may arise, especially when determining liability.
And you might end up needing expert assistance. In this case, contact Smith Jordan, PA – Greenville workers’ compensation attorney if you are in South Carolina Greenville. They’ll offer expert guidance and representation throughout the entire process.
But what type of law requires employers to provide this coverage to their employees? Well, that is what this article is all about. Continue reading to the end to find out the answer to this question and more relevant information.
So, What Type Of Law Requires Employers To Provide Worker’s Compensation Coverage To Employees?
It is the Federal Employees’ Compensation Act. It offers workers’ comp coverage for employment-related illnesses and injuries.
Workers covered under FECA can receive benefits such as;
- Wage compensation
- Medical bill reimbursement
- Vocational rehabilitation.
FECA also offers survivor benefits for dependents of federal employees who die as a result of a work-related injury or illness.
What Is Workers Compensation?
It is a form of benefits, and financial support employees receive when they get ill or injured as a direct result of their job.
This system assists and compensates workers who have suffered from work-related injuries or illnesses.
Each state has specific worker compensation laws and regulations that dictate the process and requirements for filing a claim.
When applying for workers’ compensation coverage, you typically waive your right to sue your employer for work-related damages.
This means that you cannot file a lawsuit against your employer seeking additional compensation beyond what is covered by workers’ compensation.
However, if a third party is involved in the incident that caused the injury or illness, you may have the option to sue that third party for damages.
Each state has a workers’ compensation board to ensure the fair and proper implementation of workers’ compensation laws.
This board oversees and intervenes in related disputes between employees and employers. They may mediate disputes, conduct hearings, and issue decisions on workers’ compensation claims.
How Do You Apply For Worker’s Compensation?
Applying for workers’ compensation can be a complex process. Here is a list of steps to follow when applying for workers’ compensation:
- Report the injury or illness to your employer – The first step is to report the injury or illness to your employer as soon as possible. They are responsible for initiating the workers’ compensation process by filing a claim with the insurance company.
Report the incident promptly to comply with any deadlines set by your state’s workers’ compensation laws.
- Seek medical attention – After reporting the injury or illness, seek medical attention from an authorized healthcare provider.
The medical record can be used as evidence in your workers’ compensation claim. So you want to keep them safe and easily available.
- Stay in Touch—Communicate openly with your employer’s insurance company. Ensure they have all the necessary information and documentation to process your claim efficiently.
Monitor the progress of your claim and follow up with the insurance company if needed. It is not always a smooth ride.
- Know Your Rights – If your claim is denied, don’t panic. You have the right to appeal the decision. Contact your state’s Workers’ Compensation Board for guidance on how to appeal and advocate for your benefits.
Types Of Worker’s Compensation
There are two main types of workers’ compensation: Type A and Type B. Type A includes all the state-mandated benefits an injured or ill employee is entitled to.
These benefits typically cover medical care expenses, rehabilitation costs, and even death benefits that are payable to the family in case of a fatality.
Remember, these benefits vary from state to state, with all states except Texas having such provisions.
Conversely, Type B workers’ compensation benefits go beyond the minimum requirements set by coverage A.
These benefits usually arise due to a successful lawsuit filed by the employee against their employer for negligence.
In these cases, the court may award additional compensation to cover further medical expenses, loss of income, or even emotional distress.
Employers That Are Required To Have Workers’ Compensation Insurance
In South Carolina, businesses with four or more employees must have workers’ compensation insurance.
This includes both full-time and part-time employees and minors and non-U.S. citizen workers.
This requirement ensures that employees are protected in the event of a work-related injury or illness. This rule also applies to nonprofits and general contractors.
General contractors can require subcontractors to provide workers’ compensation insurance for their employees regardless of the number of employees.
However, there are certain exemptions to this requirement. Federal, agricultural, and railway employers are exempt from the workers’ comp insurance mandate. Under state law, employees in these sectors cannot qualify for workers’ compensation benefits.
Workers’ Compensation Benefits
Workers’ compensation may include;
- Partial wage replacement
- Reimbursement of medical bills
Partial wage replacement is often provided; in most cases, the amount you receive will be two-thirds of your full salary.
While this may not be your entire paycheck, it is still a significant portion and can help ease the financial burden caused by being unable to work.
The best part is that this wage replacement is not taxed, meaning you get to keep more of the money you receive.
Additionally, workers’ compensation also includes the reimbursement of all medical bill expenses. You’ll receive all the money you used to treat your work-related injuries and damages.
But you have to first provide evidence of your expense. Ensure you have all your receipts in order.
Conclusion
What type of law requires employers to provide workers’ compensation coverage to employees? As discussed earlier, it is the Federal Employees’ Compensation Act.
This law protects employees who suffer from work-related injuries or illnesses by providing them with financial support and medical benefits.
In Greenville, Pennsylvania, individuals seeking assistance with workers’ compensation can turn to Smith Jordan, PA.
The law firm specializes in workers’ compensation cases and can provide valuable guidance and representation.
With their expertise in this area of law, they can help you navigate the complexities of the system and receive the benefits you are entitled to.
