A Brief History of What Is Workman’s Compensation

download (4)Almost as long as workers have been getting injured on the job, we have had some formal or informal system of compensating workers for workplace injuries. Workers compensation claims management and processing is, if not the oldest profession in the world, at least pretty close! Wrongful Termination Litigation. The earliest recorded formal and legally-mandated workers compensation scheme in the world dates back to at least the year 2050 B.C., in ancient Sumeria, in what is now Iraq. Stone tablets recovered from the city of Ur – about 9 miles from Nasiriyah – established a set system of payments to injured workers, itemized by injury.

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How To Buy Workers Compensation Insurance In Maryland

download (5)By the early 1990′s, all states had at least some sort of protection for people hurt while on the job. This protection, however, was very limited in that the process of filing a lawsuit against an employer was difficult and very time consuming. Negligence by the employer was almost impossible to prove and the legal aspect was complicated and expensive; these auxiliary overheads coming at a time during which no benefits were awarded to the injured workers out of their jobs. Because of this, workers’ compensation (also workman’s compensation or workman’s comp) laws were passed, providing a legal solution to the problem. Workers’ compensation was a new kind of insurance which all employers were required to obtain to protect their employees.

In determining whether or not an injury falls under the coverage blanket of workers’ compensation, there first has to be an established and genuine employee-employer relationship. The laws only protect employees. For example, neither a person working as an independent contractor with a business, nor the individuals in a partnership would be protected by the law. People in these categories (and others not mentioned) can elect to follow the statutory procedure necessary should they wish to obtain the insurance.

The next requirement for filing a workers’ compensation claim is whether or not the injury was an accident (a sudden unusual or extraordinary event the causes an unexpected result in the form of bodily injury). In order for injuries to be compensable under the Maryland Workers’ Compensation Act, they must be classified as an accident. An exception to the rule is an occupational disease. If a worker contracts an illness attributed to the nature of the circumstances surrounding his or her job, they may be protected even though there was no specific accident. Workers Compensation Lawsuit Loans.

The third requirement for compensation under the Maryland Workers’ Compensation Act is that the accident must arise “out of employment” and “in the course of employment.” The focus of the first aspect is on the exposure of the employee to a risk or danger because of their job requirements. For example, a roofer who was injured when he fell off a house while replacing its shingles would meet the conditions for an injury that rose out of employment. The focus of the second aspect is time, place, and circumstances of the injury. If the injury occurs during the time in which the employee was at work, in the employer’s place of business, and while the employee was performing their job, the injury is said to have arisen in the course of employment.

If all three of the requirements are satisfied, a worker’s injury will generally be covered by workers’ compensation insurance. Often times, an investigation of the claim is necessary. If an individual believes they have a compensable injury, they must file a claim with the Workers Compensation Commission and it will be reviewed to determine the type and any amount of benefits to which the worker may be entitled to.


Why Income Protection For Tradesmen Is Especially Important

images (5)There are many inherent risks associated with doing business, being a tradesman and also being a self employed tradesman can significantly increase that risk. Questions arise surrounding your job security. What if I am injured on the job? How will I support my family? How will I meet my financial obligations? These are just a few of the concerns of tradesmen who work in an uncertain environment daily.

Consider an example of an owner operated one man gardening business, with many services offered including lawn cutting, hedging as well as landscaping. Now imagine if the owner of this company broke his leg on the job after falling off a ladder. The doctors said it was pretty bad and he would be unable to work for a few months. The gardening business owner unfortunately did not have an income protection policy and has suffered not only the physical pain from his injury, but financial hardship and the loss of business. Many of his loyal customers have sought other gardeners to fulfill their gardening needs and the gardening business owner has to be relying on his wife to support him and his three kids. Obviously this is a less than ideal scenario.

Income protection is a form of trade insurance that can protect up to 75% of your gross income should you become unable to work due to an injury or illness. Income protection insurance unlike other insurance policies will provide a monthly disbursement if you are unable to work due to an illness or injury suffered. Income protection is important for all workers, but it is particularly essential to tradesmen. Feedback from the Australian insurance industry for tradesmen indicated that tradesmen have the greatest number of loss of income claims when compared to other occupations who often suffer a loss of income due to injury. One could conclude that tradesmen are at a higher risk of losing their income.

Income protection is widely available from companies that offer insurance specifically to tradesmen. Most standard traders will have no trouble receiving coverage from income protection. The premium does however increase based on the type of trade, age and your smoking status. Your premium generally increases as you get older. Higher risk trades are also faced with greater premiums.

There are several options available under income protection policies. The option chosen at application will affect your ability to receive claim payments if an illness or injury arises. How to buy Workers Compensation Insurance.

Benefit Period

The benefit period refers to the maximum length of time you will continue to receive benefits once you have claimed for each event.

Waiting Period

The waiting period describes the length of time from the date of your illness or injury that you are unable to work before you will begin to receive benefits from your claim. For a tradesman the typical length of time is 30 days before you are eligible to receive benefits.

Regardless of the cost of premiums, insurance payment for loss of income is a small price to pay for the potential loss of income and business that a tradesman can face if he is injured or ill. Self-employed persons are generally not eligible for workers compensation so the need for income protection is much greater. Alleviate these fears by researching possible income protection policies offered by different companies. Income protection policies offer tradesmen benefits if they are unable to conduct their usual business activities. Protect yourself today.


7 Important Facts About Workers Compensation Insurance in Florida

images (4)Workers’ compensation insurance coverage is a very important topic. It’s also one which is widely misunderstood, especially when you start getting into the specifics, and the regulations and requirements that different states may have. When is it a requirement, and what are other important need to know rules?

In this guide, you’ll learn seven key facts and guidelines for Florida workers comp insurance.

More information and additional resources, educational tools, guides and more for employers, employees, insurers and providers, are available at Florida’s Department of Financial Services Division of Workers’ Compensation website. This can be accessed online at MyFloridaCFO.com/WC.

1. Construction Industry: In the construction industry, any employer with one or more employee of any kind is required to have workers compensation insurance in Florida.

2. Agricultural Industry: Florida’s agricultural industry is very seasonal, and as such, different rules are in place. Agricultural employees must provide workers comp in Florida if they have six or more regular employees, or 12 or more seasonal employees. A seasonal period is counted as 30 or more days.

3. Contractors & Sub Contractors: When a contractor sub-contracts part of their work, new regulations come into play in Florida. If the sub-contractor is exempt or not covered, then the sub-contractor’s employees become the employees of the contractor for workers comp purposes in Florida. The contractor is then responsible to pay benefits to both the sub-contract and its employees.

4. Non-Construction Industry: Businesses not in the construction or agricultural industry must provide workers comp insurance coverage in Florida when they have four or more employees.

5. Government: All government employers in Florida, including state and local governments, must provide workers comp insurance.

6. Exemptions: Exemptions may be obtained for Florida business owners, but not for employees. Construction industry business owners may pay $50 for an exemption which lasts for two years; non-construction industry business owners receive a free exemption but it still must be renewed every two years.

7. Proof of Coverage: Employees who may be unsure if their employer has the proper workers compensation coverage, or if they are covered, can access the Florida Division of Workers’ Compensation Compliance Proof of Coverage Search Database online. By using employer name, or the beginning of the employer name, and its city location, a list of results which are updated daily throughout the week will be returned.

Of course, there are many other important details, facts, regulations and requirements for workers comp in Florida. But hopefully, you’ve been able to learn a little bit more about the basics, and some of the major differences across different industries and types of employers, and more.

Again, for more information, it’s recommended that you call the Florida Department of Financial Services Division of Workers’ Compensation, or visit them online.