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A Brief Overview of the Workers' Compensation Program

September 16, 2022

Workers' compensation is now a big part of what employees get as a benefit. It keeps them from paying much money if they get hurt or sick on the job. See a brief overview of the history of workers' compensation in the United States.

Changes in Workers' Compensation Over Time

Around the turn of the 19th century, New York, Maryland, Massachusetts, and Montana tried to introduce workers' compensation rights. But, all these states failed after employers went to court to repeal the new laws.

In 1911, the State of Wisconsin was the first to pass a law that helped workers injured on the job. Before workers' compensation, people who got hurt on the job often had to pay for their own medical care.

In 1916, the Federal Employees Compensation Act became operational. People who worked for the federal government and got hurt on the job received benefits. Other states' laws borrowed from this act.

In the 20th Century, the United States Congress signed several laws that helped workers. For example, the Employers Liability Act protects employees from being liable for injuries or damages at work. This law also gives employees the right to sue their employers if injured on the job.

The Americans with Disabilities Act is a civil rights law that protects people with disabilities. The law mandates that employers make workplaces accessible to people with disabilities.

These laws created the background for workers' compensation in the modern era.

Programs for Workers' Compensation Today

Workers' compensation is essential to the social safety net in the United States. It helps millions of workers who get hurt or sick on the job. People who get hurt or sick on the job can get the money they need through workers' compensation.

Each state has its laws about how to handle workers' compensation. However, they all follow the principles set by the United States Labor Department. The US Labor Department runs four programs.

The Federal Employee Compensation Program (FECP)

When a federal worker gets sick or hurt on the job, the Federal Employees' Compensation Program helps them. They get help replacing lost wages, medical care, and training for a new job.

Longshore and Harbor Workers Compensation Program

The Longshore and Harbor Workers' Compensation Program helps people who get hurt while working on the water or in similar jobs. This program provides wage replacement, medical care, and training for a new job.

Black Lung Benefits Program

The Black Lung Benefits Program can help coal miners with pneumoconiosis and their eligible survivors. This program offers benefits like cash payments every month and helps with medical costs related to black lung disease.

Energy Employees Occupational Illness Compensation Program

Workers in the energy industry qualify for the Energy Employees Occupational Illness Compensation Program. It covers workers who get sick because of exposure to dangerous materials. This program offers payments for lost wages, help with medical bills, and death benefits for eligible survivors.

Aside from these four programs, insurance companies get money from employers in the form of premiums. These premiums cover most of the costs of workers' compensation benefits. Most often, employees don't have to pay for their injuries or illnesses. But they must tell investigators what happened and how they got injured.

Employees can file an appeal if they disagree with a decision about their compensation. These petitions decide if they can get benefits and how much they should get.

As a worker, you can either sue or accept workers’ compensation in the event of an injury. If you accept workers’ compensation, it will be difficult to take your company to court. Thus, you must consider if the benefits will offer you what you need before you accept them.

Whichever option you take, you should always consult an attorney first. Contact Spooner & Perkins P.C. Attorneys at Law if you live within Kansas or Missouri.

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When to Call a Lawyer for Your Workers' Comp Claim

October 22, 2024

If you've been injured on the job, you may be entitled to workers' compensation benefits. These benefits are designed to cover medical expenses and lost wages while you recover from your injury. However, navigating the workers' comp claim process can be confusing and overwhelming. That's why it's important to know when to call a lawyer for your workers' comp claim. In this blog post, we'll discuss the situations where it may be necessary to seek legal representation for your workers' comp claim. By understanding these scenarios, you can ensure that you receive the full benefits you're entitled to under the law. Denial of Your Claim One of the main reasons to call a lawyer for your workers' comp claim is if your claim has been denied. Unfortunately, insurance companies often deny valid claims to save money. If this happens, it's important to have an experienced workers' compensation lawyer on your side who can fight for your rights. They can review the details of your case and gather evidence to support your claim, making it difficult for the insurance company to deny you the benefits you deserve. Appealing a Decision If your initial claim is denied or if you feel that you're not receiving the full amount of benefits you're entitled to, you may need to appeal the decision. This process can be complex and time-consuming, but having a lawyer on your side can make it easier. They can handle all the legal aspects of your appeal and ensure that you have the best chance of getting the benefits you deserve. Pre-Existing Conditions If you have a pre-existing condition that has been aggravated by a work-related injury, it may be necessary to call a lawyer for your workers' comp claim. Insurance companies often use pre-existing conditions as an excuse to deny or limit benefits. However, with the help of a lawyer, you can prove that your current injury is directly related to your job and receive the full benefits you're entitled to. Disputes over Medical Treatment or Benefits In some cases, you may be involved in a dispute with your employer or the insurance company over the type of medical treatment you're receiving or the amount of benefits you're entitled to. This can be a frustrating and stressful experience, but with a lawyer by your side, you can have someone who knows the law on your side. They can fight for your rights and ensure that you receive proper medical care and fair compensation. Permanent Disability If your workplace injury has resulted in permanent disability, it's important to call a lawyer for your workers' comp claim. Permanent disability benefits are often complex and difficult to calculate, especially if there are future medical expenses involved. A lawyer can help determine the full extent of your disability and ensure that you receive the appropriate benefits to cover your needs. Employer Retaliation Unfortunately, some employers may retaliate against employees who file workers' comp claims. This can come in the form of demotions, pay cuts, or even termination. If you feel like your employer is treating you unfairly because of your claim, it's important to call a lawyer. They can protect your rights and help you take legal action against any form of retaliation. Navigating a workers' comp claim can be overwhelming, especially if it involves legal disputes and complex calculations. That's why it's important to know when it's time to call a lawyer for your workers' comp claim. If you find yourself in any of the situations mentioned above, it's best to seek legal representation from a qualified workers' compensation lawyer. So, don’t hesitate to seek assistance if you feel overwhelmed or encounter any issues during your workers’ comp claim process. For more info, contact us at Spooner & Perkins, P.C.