Worker Comp FAQs

Because workers’ compensation is required by labor laws, they are provided by default to all employees.

However, some circumstances legally allow individuals to waive or relinquish their right to claim compensation benefits.

Take note: only employees are allowed to do this. Most of the time, employers are not allowed to file a workers’ compensation waiver for their subordinates unless specific circumstances are met.

If, after a workplace injury or incident, the employee waives the workers comp benefits and chooses to settle instead, they may be required to do a voluntary resignation as part of the settlement’s conditions.

You can apply for workers’ compensation insurance at Magnum Insurance.

You can get an initial quote by providing initial details on your company’s background such as your number of employees, industry, and your company’s annual revenue, you can get an initial quote from which you can start working out.

The most important thing to note when filing for a Workers Compensation Claim is to file the claim to your insurer within the time frame defined by the law.

The steps are as follows:

1. The employee reports the incident to the employer.
2. The employer provides the employee with medical treatment.
3. The employer fills out the necessary paperwork.
4. Lastly, the employer files a claim to the insurance provider.

While workers’ compensation insurance is not usually required for the independent labor force, such as self-employed and independent contractors.

That said, it may still be available in preparation for the possibility of a work-related injury or illness or when a business contract requires it.

The amount of money that a workers comp insurance policy will pay out depends on the injury or illness suffered, as well as the limits of the specific policy itself.

In general, though, workers comp should cover all medical and rehabilitation expenses. It should also cover a portion, if not all, of the lost wages for a certain period. In case of fatality, it may even include death benefits for the family.

Workers’ compensation in itself is not taxable. Regardless of the illness or injury incurred, no tax can be imposed on the benefits from a workers comp insurance policy.

However, the same is not true for other benefits. For example, if an employee is forced to retire due to an injury, their retirement benefits are still taxable.

Eligible employees may receive a settlement offer anytime, typically within three days after a claim is filed. Unfortunately, there are some cases where the process gets dragged for years, with multiple appeals needed before the claim can be paid.

Regardless of where you are, all labor laws dictate that employers pay for their employees’ workers compensation insurance. This is computed based on a percentage of the employee’s payroll and is not deducted from their salary, unlike other types like health insurance.

How long workers comp lasts varies per case. For extreme cases, the maximum benefit period lasts up to 104 weeks.

If you’re an employee, it depends on you. You may opt to settle your workers’ compensation claim or receive the compensation benefits due to you.

Not all cases end up in a settlement. There has to be a mutual agreement between the employee and the insurer first. However, when the injury results in permanent disability or death, the end scenario is usually a settlement in the form of a payout.

If the claim is approved, the compensation is usually paid out within a month of the incident.

The exact requirement varies per state, but in most cases, a claim can be filed within a year from the time of the accident. The only condition is that the accident was reported to the employer within 30 to 45 days of being injured.

Wages and death benefits are usually deposited to the employee’s nominated bank account.

If you are an employer with employees, regardless of whether they are full-time, part-time, or contracted, then yes, you need workers’ comp insurance.

The Office of Workers’ Compensation Programs (OWCP) covers most workers in the United States. This program of the Department of Labor is under the jurisdiction of the Occupational Safety and Health Administration (OSHA).

If your injury is the result of the negligence of another party, you have the right to file a civil lawsuit against that party and seek additional personal injury damages that are not included in your workers’ compensation claim.

If you have no employees, workers’ compensation insurance is not required by the law. Nevertheless, you may still choose to get this to guard against the possibility of getting sick or injured while working.

Aside from the medical assistance, most workers comp pay 66% or two-thirds of your wages for the period you are unable to report to work.