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Workers’ Compensation: A Quick Guide In ever state workers’ compensation law is enforced which means that if a worker gets injured in the workplace, he gets compensated for it. There are states that call it workman’s compensation or workmen’s compensation but it is basically the same. There may be some variations of the law from state to state, but for the general principles, they apply to all states. Some of the important facts about workers’ compensation law are explained below. There will be some employers that don’t need to have workers’ compensation. Before an employer would be required to have workers’ compensation, there is a minimum number of employees that he needs to have, and this is set by every state. The company can have 1 or more employees but the exact number is decided upon by the state. If an employer has very few employees, then he can be exempted from having workers’ compensation. You should also take note that not all company workers are included or covered by workers’ compensation. Some businesses hire casual employees who are not covered by workers’ comp and some states recognize this. In a normal personal injury situation, you need to prove that your injury was caused by the negligence of another person. However, in workers compensation law, you do not need to prove that your employer did something wrong or is at fault. This is so because they are giving employees an easy way to have medical treatment and compensation for the injuries that they have suffered at work. Whether the employer was responsible for the injury or not does not affect the compensation to be given. All the employee needs to do is to prove that his injuries occurred while he was at work.
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For medical attention, you should go to the doctor or facility that your employer or the insurance provider chooses. If you refuse to go to the medical facility or to the doctor that they choose, you may lose your claim to workers’ compensation.
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It is your employer who pays the bills charged by the chosen medical provider. You will have to pay your medical bills if you insist on going to your own doctor. It is on a contingency basis that workers’ compensation lawyer handle their client’s cases. The reason for this is because most states do not allow workers’ comp lawyer to charge a flat fee to handle worker’ comp cases. It is only when the lawyer can win the compensation case for his client can get paid a percentage of it. If the lawyer fails to do so for the worker, then the lawyer is not paid. Approval for lawyers’ fees are through the Workers’ compensation commission or board. Every state has its own Workers’ Compensation Commission or Board. The board are there to settle disputes between employers and employees when it comes to injuries in the workplace.