“Workers’ compensation” refers to both the benefits that employees injured on the job are entitled to and the method for obtaining those benefits. Workers’ compensation laws are set by each state and these laws can vary from state to state. Additionally, the federal government has workers’ compensation laws for federal government employees and employees in certain types of jobs.
Contact an Iowa work comp lawyer representing clients in Mason City, Iowa today to schedule your initial consultation.
In most states, the laws require every business to have some type of workers’ compensation insurance to cover employee’s injuries on the job. When an employee is injured, that employee files a workers’ compensation claim. Filing this claim is similar to filing a claim with an insurance company. The employee isn’t filing a lawsuit against their employer. Instead, he or she is filing a request for benefits. If you have been injured at your job, a lawyer experienced in workers’ compensation claims can help you understand your claim and assist you in obtaining the maximum benefits possible.
How Do Workers’ Compensation Laws Operate?
Workers’ compensation laws are designed to allow employees who are injured at work to obtain a fixed amount of compensation, without having to sue their employer. Workers’ compensation laws create an important “safety net” for employees who are injured at work or injured because of their job.
Generally, workers’ compensation laws also provide some protection to employers and co-workers. These laws may limit the amount of money that employees can obtain from their employers. Injured employees may also be barred from suing their co-workers. In this way, the workers’ compensation system is a “no-fault” system, where it doesn’t matter whose fault the injury was. Negligence, whether of the employee, the employer, or a co-worker, is not an issue. The injured employee is simply compensated for his or her work-related injuries.
Workers’ compensation is an “exclusive remedy” with respect to work-related injuries. The term “exclusive remedy” means that unless an employee can show that there was another a third party responsible for his or her injury, workers’ compensation is the only benefit or monetary award that an employee can obtain.
Who Is Covered by Workers’ Compensation Laws?
Workers compensation coverage varies from state to state. In some states, employees who work in certain fields may be exempt from their state’s workers compensation system. These employees may include agricultural workers, domestic workers and independent contractors. If you are unsure if you are entitled to workers’ compensation benefits, you should contact a lawyer in your area who is experienced in workers’ compensation cases.
What Is the Difference Between Workers’ Compensation Benefit Claims and Civil Lawsuits?
Workers’ compensation is a substitute for a lawsuit against your employer. When you bring a workers’ compensation claim, the claim is controlled by the workers’ compensation system and not the courts.