How to Get Work Injury Compensation
Accidents are bound to happen in the workplace. According to the U.S. Bureau of Labor Statistics, about 2.9 million workplace injuries were recorded in 2017. This occurred at a rate of 2.9 cases per 100 full-time equivalent workers. With such a tremendous amount of work-related injury cases, it is mandatory for employers to insure their workers. Sadly, most workers do not know their rights. This is why we compiled this article to teach you all you need to know about the work injury compensation act (WICA) as an employee.
What is the Work Injury Compensation Act?
WICA is a speedy, cost-effective alternative for settling workers compensation claims. Every work-related incident is usually filled through a civil suit under the common law. But the WICA process allows employees to make claims for any work-related injury without going through much hassle.
Who is Covered by Work Injury Compensation Act?
WICA covers virtually every local or foreign employee irrespective of the amount they earn, their age or nationality. This is provided they are under a contract of service or contract of apprenticeship. Domestic workers, uniformed personnel, and independent contractors are not covered by the work injury compensation act. Anyone else are eligible to claim whether you no longer work for the employer or you are on an overseas assignment. Whatever the case is, be sure to make a claim so you can be compensated. It is your right, take it!
Types of Compensation
The types of compensations are divided into two categories. There is the permanent incapacity, and the non-permanent work injuries.
Non-permanent Work Injuries
The non-permanent work injury compensation includes medical leave wages and medical expenses.
- Medical Leave Wages: A worker is eligible to claim this compensation for the number of days he was issued with medical leave. He/she should be paid as at when due (next payday).
- Medical Expenses: Your employers are liable for every work-related injuries you incur. They are to pay for all medical expenses, such as ward charges, surgical appliances, cost of drugs, treatment fees, artificial limbs, emergency medical transport charges, medical consultation fees, and medical report fees.
This involves paying the lump sum compensation to employees who are incapacitated due to work-related injuries or who died while working.
- Permanent Incapacity: Employees who suffer from an illness which makes them unfit to work are eligible for the lump sum compensation. They can receive this within 21 days of filing a claim. The compensation must be collected by them.
- Death: The family of an employee who died while working is eligible to claim the lump sum compensation on their behalf.
What Accidents Can Workers Claim Compensation For?
Virtually all accidents or injuries incurred at your workplace or during a work assignment should be compensated for. With exception to injuries incurred while under the influence of alcohol or by aggravating an existing injury. Some of the incidence cases covered by WICA include:
- Medical conditions which occurred due to work. Examples are a stroke, heart attack, etc.
- A sailor who suffers a work-related injury while on board.
- An employee who got involved in an accident while traveling for work purposes. Whether it is your personal car or not, or if you are traveling for a work assignment, you should make a claim for compensation.
- An employee who got involved in an accident while going to work from home. In this case, you must be in the company’s car to be able to make a claim.
How to Claim Work Injury Compensation
Workers who incur non-permanent injuries must report the accident to their employers as soon as possible. Also, they are to submit medical bills to their employers to be eligible to claim a medical leave or medical expenses compensation. While those who incurred permanent incapacities will need to undergo a series of medical assessments before being paid the lump sum compensation. For additional assistance, you could also contact a professional lawyers to get answers to your needs.
Who Provides the Work Injury Compensation Insurance?
Employers of every establishment are to be fully insured by their employers. The type of insurance purchased by employers for their employees is referred to as ‘work injury compensation insurance’ or ‘workers comp’.
Who is Covered by the Work Injury Compensation Insurance?
This insurance should cover every employee doing both manual and non-manual work irrespective of their salary or their nationality.