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Workers’ Compensation Law

What is workers’ compensation? Workers’ compensation is a type of benefit that is provided to employees to cover medical treatment and lost wages in the event of an injury while working. The law enforcement authorities have put forth several rules and regulations that govern compensation provided to employees. These laws may differ from state to state depending on the individual’s situation and injury. Some questions about this have been answered below by the Experts.

Who would be exempt from workers’ compensation in Kansas?

Certain groups of people may be exempt from workers’ compensation in Kansas. Any employer whose total payroll is less than $20,000 annually and firefighters who opt for benevolent associations’ benefits for job injuries and sign the waiver for the compensation coverage may be exempt. Business owners, farm workers’ and people who own and operate vehicles that have alternate motor vehicle coverage may also be exempt from workers’ compensation.

Will an individual be able to claim compensation for an injury acquired on the job if his/her employer does not have workers’ compensation insurance?

In most situations, an individual may not get compensation if his/her employer does not have workers’ compensation insurance. However, if the individual gets injured on the job, the individual may be able to sue his/her employer for the medical treatment and for the pain and suffering undergone.

Would an individual be covered by Florida workers’ compensation if he/she was injured when in a different country?

Florida workers’ compensation may cover an individual if he/she gets injured in a different country. However, since most foreign countries do not accept US medical insurance, the individual may have to pay for the treatment and then request for a reimbursement from the company.

Can a compensation case be reopened after the statute of limitations if there are new problems with the injury?

A compensation claim may not be reopened once the statute of limitations is past. However, if an existing injury is aggravated due to work, then the individual may file a new compensation claim with his/her employer.

Will an employer be taxed if he/she provides workers’ compensation to their employees?

Since the compensation is a deductible expense, the employer will not be taxed if he/she provides it to his/her employees.

What is the statute of limitations for a workers’ compensation claim?

The statute of limitations for a workers’ compensation claim is two years from the date of the accident.

Would lost wages and medical bills be covered under workers’ compensation?

Workers’ compensation may cover an individual’s lost wages and medical bills. If the employer refuses to cover these, the individual may hire a local attorney to take action against the employer.

Can an individual file a tort claim against an employer after he/she has been compensated for an injury?

An individual may not be able to file a tort claim against his/her employer if he/she has already received compensation for it.

Obtaining compensation from employers for injuries acquired while working is an employee right and cannot be denied. As an employee of an organization, you need to be aware of the scenarios that will make you eligible for workers’ compensation. If you are an employer, you need to know the consequences that you may face if you do not provide compensation to your employees in case of an injury. Lack of knowledge can lead to either financial loss or penalty depending on whether you are an employee or employer. Speaking to an Expert may help you understand what your rights and duties are regarding workers’ compensation.
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