Workers’ compensation insurance – how it works
THERE has been growing criticism of compensation claims in recent years, and that looks set to continue as businesses find it increasingly hard to trade in the current recession, leaving them with little or no money to pay for unforeseen circumstances.
However, workers’ compensation is there for a good reason: to ensure that staff are protected financially when they suffer an accident that is no fault of their own. A claim will cover loss of income, as well as medical and related expenses.
Anyone can claim workers’ compensation if an accident happens to them in the course of carrying out their job. This need not be in a normal place of work, but in any location that an employee has been asked to perform work-related tasks.
All employers are required to take out workers’ compensation insurance. This means that while a member of staff will sue their employer following a fall, it will be the insurance company that meets the cost. As a consequence, no worker should be made to feel that they could lose their job by claiming. If they do, they should consult a legal representative.
In addition, employers are compelled by health and safety regulations to safeguard their staff. As a result, they should provide proper and regular training and updates, and ensure that any machinery or equipment in use in the workplace complies with Government standards.
When an accident occurs at work, the injured party should report it immediately to their employer and any trade union representative. They should then speak with a solicitor that specialises in personal injury law. They will be able to advise whether there is a case to prosecute, and will guide a client through the claim process.
An employee usually has up to three years to make a claim for workers’ compensation. However, if a member of staff suffers long periods of illness or injury as a consequence of any work-based accident, they may be entitled to take action outside of this time frame. A solicitor specialising in personal injury claims should be able to advise whether any exceptions apply.