When it comes to injuries sustained from accidents on the jobs or damage covered by workman’s compensation, most accidents are protected. Although, certain types of injuries are excluded from workers' compensation claims, an employer can be held liable in a civil action. Here is a list of excluded injuries:
- Defamation invasion of privacy
- Deprivation of civil rights
- Emotional distress
- False imprisonment
- Malicious prosecution
An employer-paid insurance program, workers' compensation provides both medical care and cash benefits for employees disabled as a result of an injury or illness suffered as a cause of the workplace environment. In fact, all employers with the exception of those with fewer than four employees (in certain states) are required to carry workers' compensation insurance coverage. Consequently, most injuries and ailments triggered or acquired from the job are covered under workmen’s compensation. (All states mandate slightly different legislation).
Employers are not responsible for providing workmen’s compensation if the injury is completely unrelated to a workplace responsibility. Employers are accountable for intentional misconduct (when the company knowingly exposes an employee to a dangerous element).
When an employee dies as a result of a workmen’s compensation claim, benefits are payable to the spouse and dependants. In cases where the organization failed to warn or notify an employee, a civil/personal lawsuit or criminal proceedings may be in order.
Employers who fail to extend workers' compensation insurance coverage, can be face various penalties:
- Fines
- Criminal prosecution
- Civil/Personal liability for injured worker(s)
A qualified personal attorney can determine if an employer is responsible for workmen’s compensation and if the employer is liable for other damages caused by the illness or injury.
