You’ve probably heard of the workers’ compensation law, but do you know what it is? How is it different from employment laws? These two terms could easily be confused as they overlap and deal with the same areas: employers and the work environment. Because of these similarities, we want to clarify your doubts.
Workers’ compensation is a law that protects employees and partly employers. It refers to the compensation you can get if you have an accident during your work hours, unlike employment law which focuses on wrongful terminations, unpaid wages, and employment discrimination.
Workers’ compensation is obtained through insurance that covers the catastrophic expenses you could face if you are injured on the job. This insurance generally covers the following:
- Loss of wages
- Physical therapy
- Medical expenses
- Funeral expenses (if the accident caused the death of the employee)
Paying these costs is not your responsibility as an employee. According to California laws, your employer must ensure that this insurance and/or expenses are covered. The amount you must be insured for varies depending on the laws of your state, the size of the company/business, the type of work you do as an employee, and the risk it takes to do this job. It is important to note that you will be entitled to these benefits only if you have a direct contract with the company involved.
Generally, in these situations, it is the responsibility of your employer to file the claim so that you receive the necessary compensation. Therefore, we recommend that as soon as you suffer an accident at your workplace, you report it to your supervisor to begin the process of obtaining your compensation.
In some cases, both employment laws and compensation laws may apply to the same case. For example, if you have an accident at work and your employer unjustifiably dismisses you.
Lastly, when you receive compensation benefits for your injury or illness, you can still receive disability or social security benefits. You will not be able to receive all of them, but you will be able to receive some of them.