Many injured employees fear the need to file a workers’ compensation claim. While they know they may have a right to request medical benefits and disability pay, they may worry about damaging the relationship they have with their employer.
Many people assume that the workers’ compensation claims process is adversarial in nature. Some people even believe that they have to take their employers to court and prove the company was at fault to secure benefits. Employees injured due to machinery malfunctions, slippery floors, or a co-worker’s mistake may feel uncertain about whether requesting medical coverage and disability benefits is more trouble than it’s worth.
Do workers have to sue their employers and risk damaging their working relationships to obtain workers’ compensation coverage?
Litigation isn’t always required
Despite what people sometimes assume, workers do not have to blame their employers or go to court in pursuit of workers’ compensation benefits. In fact, the system actually protects their employers from litigation.
Under workers’ compensation regulations, companies indemnify themselves from employment-related medical liability by carrying coverage. Employees generally cannot sue their employers if the company complies with the rules requiring workers’ compensation insurance coverage.
In fact, in Pennsylvania an injured worker should not have to do anything to obtain benefits once the employer is properly notified of the injury and that the injury was work-related. Once that notice is given, the employer has 21 days to investigate the claim and to accept or deny the injury. Injured employees are eligible for no-fault benefits. They do not have to prove that the company caused their injuries – if the injury happened while they were in the course of employment, they get workers’ compensation coverage, period. Even incidents in which outside parties are to blame or in which the worker unintentionally injured him or herself can lead to successful workers’ compensation benefits for the affected employee. Only if the employer and its insurance carrier fail to investigate the claim or to pay benefits properly would an appropriate petition need to be filed with the Bureau of Workers’ Compensation.
Professionals and self-employed people can also secure workers’ compensation coverage – they should check with their insurance agent or broker to double check what coverage applies to them. Unlike most health insurance, workers’ compensation does not make injured workers responsible for covering any of their care costs. If the workers need to take time off to heal, workers’ compensation can also provide them with wage loss benefits that replace some of their lost income.
Professionals who understand and make use of workers’ compensation coverage can limit their own losses. They also have protection from retaliation. Their employers should not punish them for reporting the incident or seeking benefits.
Understanding the basic rules that govern workers’ compensation claims can empower injured employees. Any worker who is hurt on the job can seek benefits without blaming their employers or taking the matter to civil court. When in doubt, seek out a consultation with a certified workers’ compensation specialist, who can explain to you all of your rights and options.