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Workers’ Comp Insurance also bars your employer from affirmative defenses. Affirmative defenses are ways that a party defends himself or herself in court by admitting something did happen but saying that you have no grounds to sue despite the facts. For instance, your employer could admit you were injured on the job but might say you contributed to your own injury (contributory negligence), or you agreed to do the dangerous job and assume the risk of injury (assumption of risk). With workers comp, there is no lawsuit. The employer must pay the insurance, and the employee must accept the benefits in order to work at the job.

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What is Workers’ Comp?

Workers’ Compensation is state-regulated insurance to reimburse employees who are injured on the job. Workers’ comp laws vary from state to state, but state laws generally have these things in common:

  • Workers’ Compensation covers most but not all workers.
  • Workers’ Compensation is insurance paid for by the employer.
  • You have a deadline to report an injury or illness to your employer.
  • Your employer must submit a report to the insurance company.
  • You have a deadline to file a claim.
  • Workers’ Compensation bars you from suing your employer for most actions.

Is Workers’ Comp Insurance Coverage Dependant On Accident Facts?

Workers’ Compensation Insurance coverage is a form of strict liability.

Whether the employer or worker is responsible or partly responsible for the accidental job-related injury or illness, the employer’s insurance policy must bear the cost of:

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  • Medical treatment
  • Lost wages
  • Death benefits to a surviving spouse

Some states allow funeral expenses, as well as death benefits.

Can a Workers’ Compensation Law Firm Can Sue Your Employer?

In most cases, you cannot sue your employer. However, you may be able to sue if there was an unsafe condition on the job that was in violation of Occupational Safety and Health Administration rules. OSHA governs workplace safety, and federal safety regulations are in a different jurisdiction than workers’ compensation law.

If a third party is responsible for your injury, you can collect workers’ compensation from your employer and also sue the third party. For instance, what if cleaning your office building is contracted out to another company? If you slip on wax buildup on the floor, you can, in most cases, sue the cleaning company. If your injury is due to malfunctioning equipment, you can file for workers’ comp and sue the manufacturer.

Does Workers’ Compensation Differ in Each State?

Each state has different laws governing workers’ compensation, but most states have similar laws. Kentucky workers’ compensation law allows workers who are permanently disabled to receive permanent disability. Some laws that may differ from state to state include time limits for how long you may receive benefits and whether you can elect to receive benefits in a lump sum.

In order to fully understand your state laws regarding workers’ compensation, you should consult with an attorney with experience in workers’ comp claims. The rules are complicated, and there are strict deadlines for filing a claim and for appealing if you are denied.

How Do I Know If My Employer Has Workers’ Compensation Insurance?

Employers are required by law to carry workers’ compensation insurance. The laws vary from state to state, but in most states, employers do not have to carry workers’ compensation for the following types of employees.

  • Domestic workers
  • Agricultural workers
  • Contract workers
  • Temporary workers
  • Undocumented workers
  • Businesses with three or fewer employees

Employers have been known to lie to workers about coverage. If you would like help filing your workers’ compensation claim, Isaacs & Isaacs’ experienced workers’ compensation lawyers are here to help you. We are on call around the clock to assist you with filing your claim or appeal. Call 800-800-888 without delay. There are strict deadlines to file and appeal a workers’ comp claim.

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