Employers must provide medical care to workers injured on the job.
The legal definition of a workplace injury is one that that "arises out of and in the course of employment," and according to the U.S. Bureau of Labor Statistics, there were 3.3 million reported non-fatal workplace injuries in 2009, excluding those that involved local, state and federal government employees.
Employers have a duty to provide a safe, healthy workplace for their workers. When a worker is injured as a result of work-related activities, the employer is required to take steps to correct the situation, including providing medical and financial assistance to help the worker.
Workers' Compensation
Employers purchase workers compensation coverage, a form of insurance mandated by state governments, that helps them manage the medical care and compensation of injured workers. Workers compensation is a no-fault system in which injured workers waive their rights to sue the employer for negligence related to the work injury in exchange for medical care and wage replacement. It also provides financial compensation and other benefits to the dependents of workers killed as a result of a workplace injury.
Types of Workplace Injuries Covered by Workers' Compensation
Workers may be exposed to a variety of health and safety risks that are covered by workers compensation. They may be the result of accidents, repetitive motions and exposure to toxic substances. They can also include pre-existing conditions aggravated by conditions at work, as well as physical or mental stress-related problems. Injuries may occur during lunch and break times, at employer-sponsored activities or while driving in the course of completing work activities.
However, self-inflicted injuries -- those received while an employee is intoxicated -- while traveling to and from work, or running personal errands on break time, are not covered by worker's compensation.
RIght to Medical Care
Injured employees are entitled to medical care for the injury. In most states, an employer may require an injured worker to see a doctor provided under the workers compensation plan. However, some plans provide a list from which an injured worker can select a doctor.
Right to Compensation
Employees with work-related injuries are entitled to a portion of their regular wages if they are unable to work. In many states, this amount is two-thirds of regular pay. If an employee is permanently disabled as a result of an injury, workers compensation provides a settlement to compensate for lost future earnings, which may take the form of a lump sum or regular monthly payments.
Right to Hire an Attorney
Although worker's compensation programs are no-fault, injured workers still have the right to hire an attorney to help protect their rights. Workplace injuries are subject to many reporting requirements with strict filing deadlines and workers compensation attorneys help workers meet these deadlines. They also insure that the person receives the proper compensation and that medical bills are paid by the workers compensation insurance, not by the employee's personal health insurance.
There may be instances when an injured worker may sue for negligence. For example, a lawsuit may be appropriate if a sub-contractor was involved in the accident; equipment was defective or not properly maintained; or proper precautions were not taken by the employer to protect workers when using toxic substances.
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