Workers' Compensation 101

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Workers' Compensation 101

勞工保險101



Workers' compensation is the oldest social insurance program in the US, adopted during the second decade of the 20th century. Despite that, many of its intricacies are still unknown by employers, that's why we've made a guide to help you fulfill your obligations and reap the benefits of proper Workers' Compensation insurance!

勞工保險是美國最古老的社會保險計劃,於 20 世紀第二十年代採用。儘管由來已久,雇主仍然不是十分清楚其中的許多錯綜複雜的細則,這就是為什麼我們制定了一份指南來幫助您履行義務並獲得適合的勞工保險的益處!


Workers' Compensation Definition

勞工保險定義


Workers' compensation is a government-mandated system (in the form of insurance) that pays monetary benefits to workers who become injured or disabled in the course of their employment. Workers' compensation is a type of insurance that offers employees compensation for injuries or disabilities sustained as a result of their employment.

勞工保險是政府規定的製度(以保險的形式),它向在就業過程中受傷或致殘的員工支付金錢福利。勞工保險是一種為員工因就業而遭受的傷害或殘疾提供賠償的保險。


Most compensation plans offer coverage of medical fees related to injuries incurred as a direct result of employment.

大部分的勞工保險計劃都承保與直接因就業而發生的傷害相關的醫療費用。


How does Workers' Compensation work?

勞工保險如何運作?


By agreeing to receive workers' compensation, workers also agree to give up their right to sue their employer for negligence. This "compensation bargain" is intended to protect both workers and employers. Workers typically give up further recourse in exchange for guaranteed compensation, while employers consent to a certain amount of liability while avoiding potentially greater damage of a large-scale negligence lawsuit. All parties (including taxpayers) benefit from avoiding the legal fees needed to process a trial.

通過同意接受員工賠償,員工也同意放棄起訴雇主疏忽的權利。這種“補償交易”旨在保護員工和雇主。員工通常會放棄進一步的追訴權以換取保證賠償,而雇主則同意承擔一定的責任,同時避免大規模訴訟可能造成的更大損失。所有各方(包括納稅人)都可以從避免花費更多的處理審判所需的法律費用中而受益。


Most compensation plans offer coverage of medical fees related to injuries incurred as a direct result of employment. For example, a construction worker could claim compensation if scaffolding fell on their head, but not if they were in a traffic accident while driving to the job site. In other situations, workers can receive the equivalent of sick pay while they are on medical leave. If a worker dies as a result of their employment, workers' compensation also makes payments to their family members or other dependents.

大多數補償計劃都承保與直接因就業而發生的傷害相關的醫療費用。例如,如果腳手架倒在他們的頭上,建築工人可以要求賠償,但如果他們在開車前往工地時發生交通事故,則不能索賠。在其他情況下,員工在休病假期間可以獲得相當於病假的工資。如果工人因工作而死亡,員工賠償也會支付給他們的家庭成員或其他受撫養人。


Types of Workers' Compensation

勞工保險種類


In the U.S., Workers' Compensation policy is usually handled by the individual states. The U.S. Department of Labor houses an Office of Worker's Compensation Programs, but it is only responsible for compensation policies for federal employees, longshoremen, and coal miners. The lack of federal standards for workers' compensation has resulted in deeply varied policies for the same kinds of injuries in different parts of the country. Therefore, it is essential for a worker to acknowledge and prepare for the possibility of a work-related injury to carefully examine both state and company compensation literature.

在美國,勞工保險政策通常由各個州處理。美國勞工部設有員工補償計劃辦公室,但它只負責聯邦僱員、碼頭工人和煤礦工人的補償政策。聯邦勞工保險標準的缺乏導致在不同地區針對同類傷害的政策大相徑庭。因此,員工必須了解並為可能發生的就業傷害做好準備,仔細審查州和公司的賠償文件。


Identical injuries can receive radically different kinds of compensation depending on where a worker resides, which makes it all the more important to examine local compensation statutes.

根據員工居住的地點,相同的傷害可以獲得截然不同的賠償,這使得審查當地的賠償法規變得更加重要。


California Workers' Compensation Law

加州勞工保險法


California employers are required by law to have workers' compensation insurance, even if they have only one employee. And, if your employees get hurt or sick because of work, you are required to pay for workers' compensation benefits. Workers' comp insurance provides basic benefits, including medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits and a return-to-work supplement, and death benefits.

加州法律要求加州雇主即使只有一名員工,也必須擁有勞工保險。而且,如果您的員工因工作受傷或生病,您需要支付工傷賠償金。勞工保險提供基本福利,包括醫療、臨時殘疾福利、永久殘疾福利、補充性工作替換福利,和重返工作崗位補助,以及死亡福利。


The vast majority of workers' compensation claims are resolved without any problems. However, sometimes a disagreement can arise between you and your employee over issues such as whether the injury was sustained on the job or how much in benefits they are entitled to receive.

絕大多數員工的賠償要求都沒有任何問題的得到了解決。但是,有時您和您的員工之間可能會在諸如是否在工作中持續受傷,或他們獲得多少福利等問題上產生分歧。


Source 文章來源: dir.ca.gov

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