What Workers Should Know About Workers’ Compensation Coverage
Despite so many working in the workforce, few understand the intricacies that come with Workers’ Compensation coverage for workers. To begin with, these benefits are on a no-fault basis. That means if the actions of an employee led to their injury, they can still be covered. This is one of the most common misconceptions as many believe it has to be the fault of the employer in order to be covered.
This is not the case. Instead, the benefits are meant to help workers recover and return to the workforce to help both the worker and the employer. There are also many other misconceptions when it comes to these benefits, as listed below.
The employer is not required to continue to pay for health insurance for the insured worker. However, Workers’ Compensation does include medical coverage. That being said, the medical coverage is only for medical conditions that come as a result of the injury. It is also important to note that there are rights under the FMLA and COBRA that offer protection to workers, but it is not explicitly under Workers’ Compensation.
There are cases where hearing loss would be compensable under the Act. If there is long-term exposure to noise that could lead to hearing loss, the worker could be entitled to collect benefits. Also, being retired does not necessarily exclude workers from benefits for the hearing loss. However, the claim for benefits does have to be filed for within three years of the last exposure. If damage is extensive, there are other ways compensation can be pursued.
Of course, a typical scar is not compensable such as a paper cut scar on a finger. However, a worker may be entitled to benefits if a work injury led to facial scarring and disfigurement. This could also include surgical scars from neck surgery or other surgery from a work injury.
Benefits Cannot Stop Without Notice
In order for Workers’ Compensation benefits to end, there has to be a Notice of Modification/Suspension or the worker must return to work. There is also the possibility of the worker signing a Supplemental Agreement. However, unless one of those circumstances is true, benefits must be paid by the insurance company until a Judge determines the worker is no longer entitled to them.
If you do receive a Petition to Terminate, Modify or Suspend benefits, it’s prudent to speak to a lawyer as soon as possible. Contact our team today if you are concerned about the continuation of the benefits you deserve for your work injury. We will fight for your rights to help aid your recovery.