Workers’ Compensation Law

Workers’ compensation is a form of insurance. This insurance provides wage replacement and medical benefits to employees. State law governs compensation insurance systems, which vary by state. Being familiar with these laws is essential.

This article provides an overview of workers’ compensation laws and how they apply to employees. You’ll find tools and information on benefits, eligibility, what to do if your claim is denied, and more.

Use the menus below to navigate to the most relevant topic, or scroll down to keep reading about workers’ compensation.

Suppose you are injured on your job. For example, you get in a car accident while making a delivery or get hurt by a defective product in the workplace. In these cases, you, as an injured person, are eligible to file a workers’ comp claim. This claim can help  cover your:

• Medical bills
• Medical care
• Medical treatment
• Other medical expenses
• Lost wages
• Vocational rehabilitation and other services

If the injury leads to a permanent disability, you may be eligible for disability benefits. You can also be eligible for permanent impairment benefits if your earning capacity is impacted.

Keep reading to learn more about:

• Workers’ rights to safety in the workplace
• Specifics on benefits for injured workers
• Your employer’s obligations under most state and federal systems
• Legal information for injured railroad employees
• Information and resources if you’ve been hurt in a construction accident
• Tips on each phase of the workers’ compensation claims process
• How to find an experienced workers’ compensation attorney in your state
• And more

Workers’ Compensation Coverage

The first step in any workers’ compensation claim is determining whether or not you are covered. Generally, there are two main factors that determine your coverage:

• Whether you are an employee
• Whether your injury occurred as a result of your employment

Neither of these factors is an absolute guarantee that you’ll be covered by workers’ compensation. However, some employees are not covered by workers’ compensation for a work-related injury. Coverage will normally depend on the laws in your state. Workers’ compensation also doesn’t cover injuries that were intentional, nor does it cover injuries that occurred while intoxicated.

Employee Rights and Employer Responsibilities

Employees have the responsibility to comply with workplace rules and regulations and to report any injuries as promptly as possible. Employees also must cooperate with rehabilitation service providers. If not, they could risk a reduction, if not suspension, of wage loss benefits. If they follow the workers’ compensation guidelines, an employee has a right to lost wages and vocational rehabilitation for their work-related injury.

Employers also have statutory and regulatory responsibilities they must fulfill. These can vary by state. Some states require employers to offer rehabilitation counseling services. They must offer these services to any employee who has an injury that has resulted in 60 days of lost time from work. Other states give employers 120 days if the injury results in a loss of “suitable gainful employment.”

Employers may be required to pay for tuition and living expenses for employees. They might also cover room and board, child care expenses, and travel expenses on top of the regular wage loss benefits if an employee is enrolled in certain vocational rehabilitation programs.

Workers’ Compensation Benefits

Injured employees generally can receive rehabilitation benefits. “Rehabilitation” in the workers’ compensation context has two distinct meanings. The first is what most people think of as rehabilitation: physical therapy or rehabilitative care aimed at overcoming an injury and regaining functionality.

The second is the concept of “vocational” rehabilitation. Many states offer this type of rehabilitation to injured workers who cannot return to their former employment. This is often at the expense of their employer’s workers’ compensation carrier.

Limitations on Workers’ Compensation

Workers’ compensation does not cover all potentially hurtful situations. For example, if a co-worker intentionally hurts you, workers’ comp may not cover you. You would need to file a personal injury claim or personal injury lawsuit against the responsible party. You may even consider pressing criminal charges against your co-worker for intentionally harming you.

Personal injury is a category of law that covers various situations. This can include:

• Auto accidents
• Medical malpractice
• Injuries caused by defective products (known as product liability cases)
• And others

Personal injury cases can also cover future medical expenses related to the injury but can be difficult to prove in some cases. Sometimes, this is not always covered by workers’ comp insurance.

To file such a claim, you would need the assistance of a personal injury lawyer. These lawyers specialize in these types of cases. These professionals can help you understand personal injury law. They can also navigate dealings with insurance companies.

Hiring a Workers’ Compensation Attorney

The process of filing a claim and securing benefits can be complex. If you suffered injury from a workplace accident, consider talking to a workers’ compensation lawyer.

This type of lawyer, also known as a work injury lawyer or workers’ comp attorney, specializes in personal injury law. They regularly handle workers’ compensation cases. They can provide you with the legal advice you need to navigate the workers’ compensation system.

Suing your employer for workplace injuries may disqualify you from collecting workers’ compensation benefits. Third-party claims are another important aspect to consider. If you were injured due to the negligence of someone not employed by your company, like another driver in a car accident, you might have the right to file a third-party claim against them.

Because state law is relevant, your legal advisor should also be licensed in the state where you work. FindLaw’s directory of workers’ compensation attorneys can get you started. Select your state or city to review contact and ratings information for local experts. Many law offices offer free consultations.