Not everyone is aware of how common workplace injuries are. Around 3 million employees were injured in the private sector back in 2016! The number of injuries in the following years is astounding. Yet, many workers hesitate to file workers’ comp claims against their employers, fearing that this will put their jobs on the line. With so many work accidents occurring every year, it’s important for employees to learn about their rights and know everything there is to know about workers’ compensation laws. If you are worried about getting injured on the job, you’ll find this article very helpful. Here are 7 key facts about workers’ comp insurance that every worker should know.
- You Must File Your Claim As Soon As Possible
When filing an injury claim against your employer, you must act quickly. In most states, workers are only given around 30 days from the date of the accident to notify their employers. After the 30-day window, the claim must be filed within the state’s statute of limitations, where the deadlines vary depending on the location and circumstances of the incident. If the employee fails to file the claim within the given time frame, they cannot obtain their compensation, so it’s important to act as soon as possible.
2. Not Everyone Is Eligible for Workers’ Comp
Workers’ compensation is not enforced on all types of businesses, which means that not all employees are insured by workers’ comp. Employees in small businesses and contract workers, for example, are not eligible for workers’ comp insurance. Although some states do not require certain businesses to insure their employees, you can be classified as an official employee under your state’s guidelines and may qualify for workers’ comp, even if you are a contract worker. It’s important to check your state’s laws and employment contract; you may be entitled to receive compensation for your workplace injuries without knowing.
3. Laws Differ by State
One of the most important things you need to learn about workers’ comp is that its laws vary depending on which state you live in. The statute of limitations deadline varies from one state to the other and so does the amount and type of benefits the injured employee is entitled to receive. Your eligibility for insurance also depends on how the business you work for is classified. Injuries that occurred outside the business premises are also handled and covered differently, depending on the state laws. Before filing your claim or taking any action, it’s important you go through these guidelines, and make sure which ones apply to your region.
4. You Don’t Need to Pay an Upfront Fee for a Lawyer
Having a lawyer by your side in such cases is essential for receiving your benefits. However, unlike what most people think, you don’t need an upfront payment to hire a personal injury attorney. Most lawyers operate under a contingency fee arrangement where they only charge you for their services after winning your case. If you want to hire workers comp lawyers in Georgia, you can get a free consultation to get the needed legal advice in regards to your claim. Knowing that your lawyer has your best interests at heart and is not just after your money will give you some peace of mind during this difficult time.
5. Your Employer Is Legally Obliged to Give you the Coverage Details
Large businesses are required by law to provide their employees with workers’ compensation coverage. According to the state laws and employment statutes, you should receive this information as soon as you’re hired. If you were not provided this information during your onboarding, you should ask your employer for your coverage details and documentation if you’re injured on the job. This should be done before you file your claim or report the accident.
6. You Can’t Be Fired for Making a Claim
Many workers fear losing their jobs or upsetting their employers by filing an injury claim. It’s against the law for employers to fire their workers for filing a workers’ comp claim. Employers are aware of the law, and because it’s very difficult to prove that firing an employee was unrelated to a workers’ comp claim, your chances of getting fired as a result are very low.
7. Drugs and Alcohol Tests
It’s within any business’s rights to request a drug and alcohol test after an employee files a workers’ comp claim in order to prove intoxication at the time of the injury. A urine or blood sample is taken within 8 hours of the injury to determine if the employee was under the influence during the incident. Even if the test is positive, a worker can still prove that they were not under the influence at the time of the accident.
Workers’ compensation insurance and related employment laws are there to protect employees and ensure their safety in their workplace. It’s important for all workers to learn about these laws and statutes to be able to demand their rights when they need to. As a worker, the more informed you are, the better you’ll be able to ask for your benefits and the faster you’ll act if you are involved in an accident at work.