In order to understand whether you’re entitled to benefits under workers’ compensation laws, you first should understand some basics about the purposes of workers’ compensation systems.
Workers’ compensation begins with insurance. This insurance provides cash benefits and/or medical care for employees who are injured or become ill as a direct result of their job.
Employers pay for workers’ comp insurance, and cannot mandate that employees contribute to the cost of compensation.
The Workers’ Compensation Board is a state agency that processes the claims. If Board intervention is needed, the board will decide whether the insurer will reimburse for cash benefits and/or medical care, and the amounts payable.
Different from other legal cases, in a workers’ compensation case, liability is not determined and irrelevant to the outcome of the case.
The total compensation that a workers’ comp claimant is entitled is not decreased by his/her negligence or fault, nor is it increased by an employer’s carelessness.
It’s important to keep in mind that an employee loses his/her right to workers’ compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.