Workers compensation is the insurance that gives cash benefits and medical care to workers who may be injured because of work that they do. For people living in Kentucky workers compensation law refers to the set of rules in various states which are meant to pay the expenses of workers who are harmed or injured while at work. Employees can recover wages that have been lost, disability payments or medical expenses. They will also handle costs of retraining and rehabilitation.
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 cases are filed this way, there will be delays and there is also the possibility that the worker may lose the case and end up recovering nothing. From perspective of an employer, compensation eliminates possibility of litigation which might lead to more demands. Even in a case where employers act negligently and an employee gets hurt or is killed, they are still only responsible for ordinary contributions. In short, it works like an insurance program.
In exchange for the certainty with which it comes, the system there is a price for employers and their employees. Workers will not be allowed to sue co-workers or employers in the event of negligence. They will benefit less from any lawsuits. For employers, the shortcoming is the premiums that are charged. That added payroll expense gets paid irrespective of whether accidents happen or not.
States have some exceptions which enable workers to bypass compensation statues and hence go ahead to file lawsuits for damages incurred. These will include a situation where employers or co-workers intentionally injure a worker. The same will apply to when a worker is injured by devices that are faulty or by explosives. Workers are allowed to file suits against such third parties as drivers or landowners.
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 takes place, the employee will be seeing a physician. They will evaluate the worker on behalf of a state. In case the board rules that that claim is not covered, there is always room for appeal by the employee. The option comes in handy when a worker is not satisfied with the ruling.
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 cases are filed this way, there will be delays and there is also the possibility that the worker may lose the case and end up recovering nothing. From perspective of an employer, compensation eliminates possibility of litigation which might lead to more demands. Even in a case where employers act negligently and an employee gets hurt or is killed, they are still only responsible for ordinary contributions. In short, it works like an insurance program.
In exchange for the certainty with which it comes, the system there is a price for employers and their employees. Workers will not be allowed to sue co-workers or employers in the event of negligence. They will benefit less from any lawsuits. For employers, the shortcoming is the premiums that are charged. That added payroll expense gets paid irrespective of whether accidents happen or not.
States have some exceptions which enable workers to bypass compensation statues and hence go ahead to file lawsuits for damages incurred. These will include a situation where employers or co-workers intentionally injure a worker. The same will apply to when a worker is injured by devices that are faulty or by explosives. Workers are allowed to file suits against such third parties as drivers or landowners.
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 takes place, the employee will be seeing a physician. They will evaluate the worker on behalf of a state. In case the board rules that that claim is not covered, there is always room for appeal by the employee. The option comes in handy when a worker is not satisfied with the ruling.
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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