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Workers’ compensation law is a difficult legal area. Many business owners know to tread carefully when it comes to this area, due to the severe implications it can have on their companies.
There’s nothing inherently scary about workers’ compensation by default, though. As long as you’re a responsible employer who cares about providing adequate working conditions to your employees, you should not have much to worry about. However, it’s still important to know how the law works. Ideally, you’ll have the help of an attorney specializing in workers’ compensation. This will help you ensure that you’re covered on all legal fronts.
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Workers’ Compensation Insurance Is Mandatory in Most States
There’s a strange misconception going around in some circles that workers’ compensation is voluntary. That’s far from the case in pretty much every state. Therefore, you can forget about any schemes you might have in your head to get out of your responsibility for paying into this fund.
The most extreme differences from state to state involve the exact conditions for being compensated. For example, there are differences in who exactly is eligible. There are also differences in what kinds of injuries are covered, how much proof is required, and so on. This is something you should definitely use the help of a competent attorney in navigating though. This is because the potential consequences for getting it wrong can be severe.
An Employee Can Still Sue You Additionally
Even though workers’ compensation usually precludes a separate lawsuit by the employee, that’s not a universal rule. There may be some exceptions allowing a worker to go after the company separately after the workers’ compensation lawyer procedures have been concluded. Also, sometimes these cases even take place parallel to that.
Also, it’s important to stay vigilant and know what to expect in this regard, because this can sometimes take you by surprise. This could throw a wrench in the works, just when you thought you had the incident behind you.
Not Everything Falls Under Workers’ Compensation
You should also be aware of what exactly is eligible for these cases in the first place. Not every injury is equal, and some may not be eligible for any compensation at all. This is especially true for incidents that the employee himself or herself clearly caused under unusual circumstances, such as operating heavy machinery intoxicated.
In short, some circumstances will absolve you of any responsibility you might have in the case. But once again, this is something that you need to consult a professional attorney for. By all means, you should not try to approach it in a DIY manner.
Workers’ Compensation Is a Challenging Area of the Law
The challenge of dealing with this area of the law will only grow bigger as your company itself continues to expand. Therefore, it’s important to always stay on top of these issues. This is because, over time, the potential for affecting your business is going to get bigger and bigger.
What’s more, there are some specific cases that can completely drag you under if you’re not careful. So if you don’t want to find yourself dealing with a situation like that, make sure you’re protected adequately right from the start.
