In California, your employer must have workman’s compensation. There are no exceptions. The California Department of Industrial Affairs even mandates that someone who is the sole owner and employee of their business must have a workman’s compensation policy (don’t worry though, you can typically opt out of this if you don’t intend to hire employees). In fact, every state mandates that businesses carry some form of workman’s compensation, except for Texas. So, it’s strange then, considering that this policy is almost a national procedure, that there are so many issues surrounding getting covered by your employer. To begin, you have to know what the law says when it comes to your role in staying safe and protected.
Workman’s comp began as a way of mitigating expenses from on-site accidents incurred by employees. The legal fees were a nightmare; so setting up a sort of insurance pool with a no-fault policy allows both parties, the employer and the employee, to walk away paying as little as possible. So, while workman’s comp may be a hassle to navigate, remember that it’s there for your protection no matter which side of the issue you may find yourself on.
One of the problems associated with getting your injuries covered by your employer is that each state has a different set of standards. So, what constitutes as being covered varies widely. The basic idea is that a basic algorithm is used to determine the sum someone is entitled to in the event of an accident. This formula is determined by assessing the risk associated with a particular position. From there, premiums and deductibles are found based on pay, policy, etc. It doesn’t take long for this to become a very confusing issue. The important thing to remember is that you’re always entitled to something if you’re injured on the job. On the other side, you’re always required to provide for your employees if they should happen to be involved in an accident.
The best thing you can do is to have the number of an excellent accident lawyer on hand. You don’t want to sustain an accident and not know what rights you have available. Also be sure to take some time to read up on the laws in your state to help keep your employer, or employee, accountable. Often times a little bit of knowledge staves off a big misunderstanding.
