Document MMRBzEzQ3oqr89kyK9xVxO70a

Workmen's Compensation, General Liability, and Disability Insurance fairly accurate estimate must be made of the frequency and the seventy of the losses that may be expected Usually, the state agency admimstenng the coverage requires proof of financial re sponsibility from the nsk and other guarantees in the form of a bond or secunty if a company expects to self-insure Administration States vary widely on methods of admin istration, but workmen's compensation com missions or boards and the courts are commonlv used Administration by special commissions or boards may be more efficient than administration by the courts, primarily because the handling of compensation claims involves highly specialized procedures and needs the attention of specialists Courts often are not able to spend the time necessary to handle the multitude of compensation cases which anse In the handling of compensation claims, there are four methods in general use 1 A written agreement is made between the employee and the employer (or his earner) setting forth the amount ofbenefits, weekly wage, and other pertinent facts This agreement, with the report of accident and medical records, is filed with the board or commission admimstenng the act for its approval 2 The carrier begins payments directly to the injured worker, following the specified waiting penod He files a statement with the board or commission that compensation is being paid and gives the date on which payment was first made The board or commission then checks the accident report and medical records to see if pay ments are properly handled 3 In states having exclusive state funds, the injured worker must formally petition for benefits His statements are examined bv the administrative authority, and if his statements are in order, benefits are paid 4 In contested cases, a hearing or trial is held by the board or commission --the facts are reviewed, witnesses are heard, and the evidence concerning the case is revealed The board or commission then decides whether to grant or to disallow the benefits The burden of proof is usually on the employee Most states provide for an appeal by either party on questions of law, and about half the states allow an appeal on questions of both law and fact Every state requires the employer to report injuries sustained by his employees in the course of their employment The majority of states require only that injuries which cause disability of a stipulated duration, such as for one day, three days, seven days, or fourteen days, be reported Failure to report can bring penalties fines from $25 to $1,000, and in a few instances, imprisonment The workmen's compensation laws usually state that the employer be given notice of an accident by the employee as soon as pos sible, at least within 30 days Notice of the accident must give the approximate date and place of the accident, if known, and m most instances may be given either orally or m writing Failure to comply with this require ment may be excused by the industrial com missioner under certain special conditions Inaccuracy or delay in giving notice is no bar to recovery unless the employer was prejudiced thereby Compensation may be reduced or denied to the extent of the justi fiable prejudice of the employer or for his failure to report the injury within designated limits The time limit for reporting occupational disease is usually longer than that required for injury The day that disability from occu pational disease begins is considered the day of injury for determining when compen sation is to begin The time limits within which compensation may be claimed m the various states range from six months to six years, but one or two years are most frequently specified Some commissions permit tardy claims if justified by the merits of the case Rehabilitation The definition of rehabilitation, as given m a report published by the American College of Surgeons, is "the planned attempt through the use of all recognized measures, under skilled direction, to restore those persons who because of disabilities do not assume to the 300