Workers’ Compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job. Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer’s insurance carrier, as directed by the Workers’ Compensation Board. The Workers’ Compensation Board is a state agency that processes the claims. If Board intervention is necessary, it will determine whether that insurer will reimburse for cash benefits and/or medical care, and the amounts payable.
In a Workers’ Compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer’s fault. However, a worker loses his/her right to Workers’ Compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else. Workers’ Compensation Benefits are not an election – this means if you are hurt on the job or as a result of employment – your exclusive remedy is a Workers’ Compensation Claim. You are not permitted to sue your employer. Your damage claim is limited to lost wages and medical coverage ( and expenses). There is no statutory provision for pain and suffering. However, if there is a third party that has involvement in causing or having caused your injuries you may be able to pursue a separate action against that third party. KNOW YOUR RIGHTS