Workers comp cases are trickier than most others. Every commercial and industrial business that has more than three employees must have workers compensation insurance. That system is covered by the Industrial Commission. That is a state agency that makes sure everyone is playing by the rules. That means you may be entitled to your benefits from your workers compensation if you are injured on the job. It must be proven before you get to actually have the benefits. There is a process you must go through.
When injured on the job, you must tell your boss by giving him a written notice. The notice should be written within 30 days, but you have two years to actually file it. After the two years is over, so is your ability to file the claim.
Generally, when an employee is injured on the job, workers compensation is the only way to fix it. That is because in rare occasions injured employees are not entitled to any other avenues of compensation. It is easy to get workers comp because whether it is the employers fault or employees fault lawyers will most times get the employee compensated. It really doesn't matter who it is that is at fault. A worker being hurt on the job is serious whether it's negligence from the employee or employer. Employers used to even be covered by contributory negligence which blocks liability. When the worker wins, he receives paid medical bills from the insurance company which also includes prescriptions. The insurance company can contact the medical providers you are already seeing although you may put in a request for change.
The worker will receive disability benefits from the insurance company. Disability payments are two thirds of the employees gross weekly wage. Workers comp payments are also non taxable. If it is more than a seven day period then the insurance company will start paying per day every day until the employee is back to work as long as they have a written note from their doctor saying they can't work. The worker will not get the payment of the first seven days until 21 days have passed without going back to work. Permanent partial disability will kick in if a worker is permanently disabled. Only then is the worker entitled to lifetime benefits including medical expenses and disability payments. Workers compensation although will get you a fraction of your pay, does not work the same as other injury claims. You will not receive pain and suffering.
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