Asked by José Yamil García Alicea on Jun 26, 2024
Verified
Describe state workers' compensation laws. What claims do they cover? What procedures must be followed? What do they bar?
Workers' Compensation Laws
Legislation that provides financial and medical benefits to employees injured in the course of employment.
Claims
Formal assertions or demands for something due or believed to be owed, often seen in legal contexts like insurance or lawsuits.
Procedures
Established methods or processes followed to perform specific tasks or solve problems, especially in professional or organizational contexts.
- Identify the scope and procedures of state workers' compensation laws.
Verified Answer
State workers' compensation statutes normally allow employers to purchase insurance from a private insurer or a state fund to pay workers' compensation benefits in the event of a claim. Most states also allow employers to be self-insured-that is, employers who show an ability to pay claims do not need to buy insurance.
In general, the right to recover benefits is based wholly on the existence of an employment relationship and the fact that the injury was accidental and occurred on the job or in the course of employment, regardless of fault. Intentionally inflicted self-injury, in contrast, would not be accidental and hence would not be covered. If an injury occurred while an employee was commuting to or from work, it usually would not be considered to have occurred on the job or in
the course of employment and hence would not be covered.
The employee must notify the employer of the injury promptly (usually within 30 days of the injury's occurrence). Generally, the employee also must file a workers' compensation claim with the appropriate state agency or board within a certain period (sixty days to two years) from the time the injury is first noticed, rather than from the time of the accident.
Learning Objectives
- Identify the scope and procedures of state workers' compensation laws.
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