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Workers Compensation is a widely used program in the U.S. In the program, a series of benefits are available for employees that become ill or injured during the course of performing their jobs. The law makes is mandatory for employers to provide their employers with these benefits, typically through insurance policy from a private carrier. Practically, all employees are covered by the program as employees are given the benefits irrespective of whose fault it was for the injury and/or accident.
The procedure to fill the claim is quite straightforward and can be easily done by the injured party itself. However, there are specific requirements of filling the claim depending on the circumstances and the necessary documentation required, and it would make sense to prepare the claim by getting help of a Charleston workers comp attorney. Moreover, different states and cities have their own requirements about workers' compensation, and it would do well to get the service of an attorney with a track record of representing the specific state or jurisdiction.
The claim made for workers compensation is similar to that made against a homeowner's or auto insurance company. The claim is made against the workers' compensation insurance carrier of the employer and in no way it is a law suit against the employer. In fact, the law makes it certain that: (1) employers cannot be sued by injured workers for accidents resulting while performing the job, and (2) employers cannot terminate workers for making such claims.
The main benefit categories available under the program include, but not restricted to:
- Payment of medical bills concerning the accident.
- Benefits available when there is temporary stoppage of work by the worker due to illness or injury. This is also known as Temporary Total Disability and is a series of ongoing payments made till the worker becomes fit enough to return to work.
- Benefits to be paid if the injured worker fails to return to the work at all and is known as Permanent Disability. The benefits are often given as a lump sum settlement.
The insurance companies on their parts also keep a review of the legitimacy of the cases to find out fraudulent claims and amount of claims. It could so happen that the insurance carrier deny the benefit payments at the very outset of making the claim or else stop paying the benefits after making initial payments, and it all depends on the circumstances and different reasons. As the insurance carrier will be represented by an expert in Charleston workers comp claims, it is crucial to get the service of an experienced attorney in workers compensation for representing your case and get your legal benefits and settlements.
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