Workers compensation is insurance that offers cash benefits or medical care for workers who get injured as a direct result of the work they do. For those who live in Kentucky workers compensation law refer to a set of rules in various states that are designed to pay expenses of workers who might be harmed while at work. The employees can recover wages they have lost, medical expenses and disability payments. Costs associated with rehabilitation and retraining will also be taken care of.
The system is administered by the state and is financed through contributions of employers. Persons employed by the federal government also access the same program. The laws were enacted by states to replace the traditional injury laws. This was done so that risk gets removed from employees and employers. Outside the system of compensation, employees who get injured or get sick because of employment can file lawsuits to prove the employer should take responsibility.
When a case is filed in this way, it will result in delays and it is also possible that such an employee might lose the case and recover nothing. From the perspective of the employer, the compensation eliminates any possibility of litigation that may lead to larger damage demands. Even in instances when an employer acts with negligence and their employee is hurt or killed, they will only be responsible for ordinary contributions to the system. In essence, it is an insurance program.
In exchange for the certainty that it offers, the workers compensation system has a price for employers and employees. Workers are not allowed to sue employers or co-workers for negligence. They stand to benefit less from lawsuits. For the employer, the main shortcoming is the premium they are charged by the state. The added payroll expense is paid whether accidents occur or not.
Each state provides some exceptions that allow workers to bypass the compensation statutes and file lawsuits for damages. These include situations where co-workers or employers have caused harm intentionally to a worker. There might also be exceptions when workers are injured by products that are defective or explosives. A worker is allowed to file a lawsuit against third parties like landowners and drivers.
It is important to understand the procedure in cases that are contested. When a worker files a claim, they may be surprised that their employer is disputing the validity of that claim. An employer will have an incentive to dispute a claim if they feel it is not proper. This is because rates they pay are affected by number of claims on their behalf. State workers compensation boards investigate claims and make decisions.
As this happens, the employee is seen by a physician. It is the physician who performs evaluation on behalf of the state. If the board rules that the claim at hand is not covered, there is room for appeal. This helps employees who are not contented with the rulings.
The best way for an employee to protect his or her right under compensation law is through retaining legal counsel. The services of an attorney will come in handy. Attorneys know how best to present their cases.
The system is administered by the state and is financed through contributions of employers. Persons employed by the federal government also access the same program. The laws were enacted by states to replace the traditional injury laws. This was done so that risk gets removed from employees and employers. Outside the system of compensation, employees who get injured or get sick because of employment can file lawsuits to prove the employer should take responsibility.
When a case is filed in this way, it will result in delays and it is also possible that such an employee might lose the case and recover nothing. From the perspective of the employer, the compensation eliminates any possibility of litigation that may lead to larger damage demands. Even in instances when an employer acts with negligence and their employee is hurt or killed, they will only be responsible for ordinary contributions to the system. In essence, it is an insurance program.
In exchange for the certainty that it offers, the workers compensation system has a price for employers and employees. Workers are not allowed to sue employers or co-workers for negligence. They stand to benefit less from lawsuits. For the employer, the main shortcoming is the premium they are charged by the state. The added payroll expense is paid whether accidents occur or not.
Each state provides some exceptions that allow workers to bypass the compensation statutes and file lawsuits for damages. These include situations where co-workers or employers have caused harm intentionally to a worker. There might also be exceptions when workers are injured by products that are defective or explosives. A worker is allowed to file a lawsuit against third parties like landowners and drivers.
It is important to understand the procedure in cases that are contested. When a worker files a claim, they may be surprised that their employer is disputing the validity of that claim. An employer will have an incentive to dispute a claim if they feel it is not proper. This is because rates they pay are affected by number of claims on their behalf. State workers compensation boards investigate claims and make decisions.
As this happens, the employee is seen by a physician. It is the physician who performs evaluation on behalf of the state. If the board rules that the claim at hand is not covered, there is room for appeal. This helps employees who are not contented with the rulings.
The best way for an employee to protect his or her right under compensation law is through retaining legal counsel. The services of an attorney will come in handy. Attorneys know how best to present their cases.
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Find an overview of the benefits of consulting a Kentucky workers compensation law practitioner and more info about a reputable attorney at http://moriartylawoffice.com/practice-areas now.
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