BIES - Worker's Compensation Lesson

Worker's Compensation

In his poem To A Mouse, the Scottish poet, Robert Burns, wrote "the best-laid plans of mice and men often go astray." For our purposes, that means no matter how well an employer plans, trains, and protects his employees, accidents still happen. For this reason, one of the types of insurance a business is required to have is worker's compensation. Click on the links in the sidebar to get a brief view of how easily accidents happen in the workplace.

What is Workers' Compensation?

Workers' compensation is a benefits program created by state law that provides medical, rehabilitation, income, death, and other benefits to employees and dependents due to injury, illness, and death resulting from a compensable work-related claim covered by the law. Workers' compensation coverage begins on the first day of employment. Employers with three or more employees are required by law to provide coverage.

Any injury, illness, or death arising out of and in the course of employment is by definition a compensable work-related claim. This means if employees are injured while performing assigned job duties during assigned work hours, they are covered under the workers' compensation program. Injuries sustained while engaging in unassigned duties, during lunch and breaks, are not covered. In addition, injuries that occur during an employee's normal commute to and from work are not covered.

What Happens if an Accident Occurs?

The worker should immediately report their injury to their employer. They should obtain and fill out the paperwork required by the company and forward it to the appropriate organization for processing. They should be as specific as possible when reporting their injury. If anyone witnessed the accident, inform the employer of such a witness. Prompt notification will enable the company to begin benefits in a timely manner. If the injury is such that the employee is unable to make a report, the employee will be provided immediate medical assistance and a report will be made for them. Others reporting the injury should also be as specific as possible when reporting the accident and the report should be turned over to the employer as soon as possible.

There are a few occasions when worker's compensation will not pay for an employee's job-related injuries: if the employee was involved in willful misconduct (i.e. horseplay); if the injury was caused by a third party for personal reasons; or if the employee was under the influence of alcohol or drugs.

Further, employees can jeopardize benefits they have been granted if they:

• Fail to report injuries promptly.
• Fail to cooperate with the employer and authorized treating physician regarding medical evaluations, treatment, rehabilitation services, and claim investigation.
• Refuse to return to suitable employment.
• Work elsewhere while receiving Temporary Total Disability Benefits.
• Submit fraudulent information.
• Refuse to take a drug test.
• Refuse to submit to a medical examination by the authorized treating physician, at reasonable times.

For most businesses, having worker's compensation insurance is required by law. You may want to ask about this in your next assignment.

Self-Assessment

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