answersLogoWhite

0

Workers' Compensation varies from state to state, so you really need to check what your local state law allows.

However, as a general rule, if you are injured on the job and DO NOT file for Workers' Compensation benefits, the "exclusive remedy" rule that bars your bringing a private tort claim does not apply.

Employers are keen to have employees report ANY workplace incident right away. This does help documents when and where such accidents happen, but it also ends an important legal right the employee might have available to them.

There is no duty to disclose what legal rights a worker is surrendering when they are filing a claim for Workers' Compensation benefits. In incidents where serious injuries are sustained, a worker could easily lose valuable legal rights by applying for Workers' Compensation benefits before consulting legal counsel.

User Avatar

Wiki User

15y ago

What else can I help you with?

Related Questions

Do you need workmans comp insurance for your employees at your restaurant?

Workers compensation insurance requirements differ by state. Among the variables are the number of employees and the aggregate payroll. Under some circumstances, if an employees also hasan ownership or managerial role in the business, he/she may opt-out. One of the ways to handle workers compensation, especially for a small business, is through an employee leasing company, also known as a "professional employer organization". Through a legal fiction authorized by statute, the employees become the employees of that entity for purposes of obtaining workers compensation insurance. By aggregating the employees of many similar business and "delivering" them to a workers compensation insurer, sometimes economies of scale can be achieved such that lower workers compensation premiums can be obtained. The employees generally remain the common law employees of the original employer from the standpoint of discipline, hiring, firing, and other indicia of employment. That is, the employee leasing company provides mostly business services and may act as a conduit for insurance. A business must be very careful to research the bona fides of the employee leasing company that it considers using, and to get references. While many are just fine, in the past, the industry was a hotbed of insurance fraud, often placing employers with phony workers compensation insurers.


Can you receive financial compensation from your employer if you do not take your employer's health insurance?

Yes. A company may offer a credit if you decline insurance as long as you have other coverage. If you dont have other coverage you can't opt out of insurance if offered by your company


Texas workers comp cost?

Insurance costs depend on several factors, such as location, size of company (or payroll or cost of contractors - the rating basis can vary depending on the type of worker) and claims history. It also depends on the limits, endorsements, deductibles and the overall claims history of your business type with the chosen insurance company. In Texas, Comp is voluntary, but you remain liable to your workers - even subcontractors who don't have coverage. And, you need to opt out formally with the state - not just forgo coverage.


My son and me are going to start a small business with no employees do we need workers comp ins?

Let it be said first that workers compemsation is for your protection and benefit. There are ways around workers compensation. Depending on the business you will need insurance coverage & or Workers comp. In the state of FL you can have your workers sign a form that they are exempt from the benefits of workers comp because they "opt out." Another perk here in FL is that you only need workers comp if you have a cumulative amount of hours on a particular employee. Also, in Fl it is not required that the princal owners on paper of the company be counted as insured. Depending on what state you live in there are of course different laws. The best bet is to just be up front and ask your insurance rep what the current laws are. Ask him about these exemptions and he should be able to direct you further.


How do you figure the cost of workman's comp into payroll?

Worker's compensation is calculated by the type of job an employee does. Each job classification is rated by the underwriter according to risk, then the worker's comp premium is multiplied by the gross dollar amounts paid to employees. An officer of a corporation and other select employees can opt out of worker's comp. Also, if an employee works overtime, the straight time is subject to worker's comp, but the "half" of "time and a half" is not.


When your company offers health insurance are you required by law to have health coverage to work Do you have to opt in?

If you are required by law to carry insurance, you can either have it through the employer or provide your own. They cannot legally force you to opt in to their coverage.


Should a healthy individual opt for no medical exam health insurance?

A healthy individual should opt for the coverage that best suits his insurance needs. The "no medical exam" is an option that most affects the provider, not the insured.


Does NRMA insurance cover motorcycle insurance?

NRMA covers a wide variety of insurance from home owners insurance to motorcycle insurance. They offer a comprehensive motorcylce insurance plan or you can opt for the third party motorcylce insurance plan.


Company and have been forced to downsize to 3 employees Do you need Workmens compensation Insurance?

Contact your state because rules & exemptions vary - but if you're exempt from having to have insurance that doesn't mean you should forgo coverage. You're still liable for your worker's work-related injuries. Maybe you want lifetime medical benefits due to a work related injury - maybe you sometimes use subcontractors too - talk with your insurance agent first, and if you opt to take the exemption, do so legally. And some of your clients may require you to carry this coverage even if the state says you're exempt - you may be able to get higher pay from the General Contractor because you provide your own insurance.


Does Texas require workmans comp?

Texas is the only voluntary Comp state. BUT you remain liable for the workers' injuries and should opt out correctly - according to the state rules, filing your decision with the state and posting the proper notice to employees. Employers in all states need to realize they remain liable if they don't have coverage, and that their employees and their employees' families can sue them.


Does Maryland have an an exemption for worker's comp on a subcontractor with a brother working with him?

Even if your state provides an exemption from this, isn't he one of the people you want to protect more than anyone? Doesn't he expect you to take care of him as an employer? Workers' Comp pays lifetime medical for work-related injuries, and can retrain a worker who can't perform his old job any more due to a work-related injury. Even if you provide or he has health insurance, who will pay those premiums if he can't work? Please carry Comp.


What are the downside risks to discount car insurance?

Some people opt for discount car insurance and they get discount insurance coverage, claims can take a while to process and sometimes denied more frequently