In workers’ comp cases, three parties may be held liable for settlement payments: the employer, the insurance company, and the worker. In most cases, the employer is the one who is ultimately responsible for these payments. Still, there may be circumstances where the insurance company or the worker is liable. Let’s take a closer look at each of these parties and their potential liability in workers’ compensation cases.
What is workers’ compensation?
In the United States, workers’ compensation is a system of insurance that benefits employees injured at work. State governments administer the program, and each state has workers’ compensation laws. While workers’ compensation is a helpful resource for injured employees at work, the system has some drawbacks.
For example, workers’ compensation benefits are often not enough to cover the total cost of an injury, and employees may have to miss work while they recover. Workers’ compensation does not cover damages outside work, such as car accidents. Despite these drawbacks, workers’ comp is an important safety net for employees. Injuries can be costly in terms of money and lost productivity, and workers’ compensation can help offset these costs.
Who is liable for the settlement payments in workers’ compensation cases?
When an employee is injured on the job, they may be eligible for workers’ compensation benefits. These benefits can help cover the cost of medical treatment and Lost Wages.
But who is responsible for paying these settlement payments? The answer may surprise you. In most cases, the workers’ comp insurance company is liable for the settlement payments. However, there are some exceptions to this rule. They might be liable if the employer was negligent in causing the injury. And in some cases, the injured worker may be able to sue for pain and suffering.
If you’ve been injured on the job, it’s essential to speak with an experienced workers’ compensation attorney to find out what your rights are.
What if the employer is uninsured?
An estimated 26 million Americans work for an uninsured employer. If they are injured on the job, they will not have workers’ compensation insurance to cover their medical expenses or lost wages.
If you are injured at work, and your employer does not have workers’ compensation insurance, you may still be able to get benefits. In most states, it is against the law for an employer not to have workers’ compensation insurance.
If you are injured at work, and your employer does not have workers’ compensation insurance, you may be able to get benefits from:
- The state workers’ compensation program
- A lawsuit against your employer
- Workers’ compensation insurance that your employer has in another state
- Your health insurance
You should always check with an attorney to determine your rights if you are injured at work and your employer does not have workers’ compensation insurance.
How can workers’ compensation settlements be paid?
These settlements can be paid out in a few different ways, and the workers’ compensation insurance company will typically determine the payment method.
One way that workers’ compensation settlements can be paid is through a lump sum payment. This is where the insurance company will pay the worker a lump sum equal to the settlement’s total value. Another way that these settlements can be paid is through periodic payments. This is where the insurance company will make regular payments to the worker over some time, typically lasting for a few years.
The insurance company or the plaintiff will determine the payment method for a workers’ compensation settlement.
In conclusion, there are a few different liable parties in workers’ compensation cases. The employer is typically responsible for the medical expenses and a portion of the lost wages. The insurance company is usually accountable for the remaining lost wages. In some cases, the worker may be held responsible for a portion of the medical expenses. Contact Gaylord and Nantias Law Firm to learn more about your rights and options. Call Us On (562) 561-2669.