Workers' Compensation

Workers' compensation: a complete guide

What can you do if hurt on the job?

If you are hurt and someone else is responsible, you can normally file a personal injury lawsuit to recover damages.

However, if the injury happens at work, you will more than likely be filing a worker's compensation case to get your medical bills covered.

Workers' compensation is the general system of laws that provides certain benefits if you are injured while working for an employer, as well as the steps you must take to obtain benefits.

Each state has its own specific workers' compensation laws. It's important for you to check the specific laws in your state. This article will outline workers' compensation principles so you will have a sense of what to do if you're injured at work.

Why workers' compensation?

Workers' compensation laws were set up to make sure that workers who suffer workplace injuries are appropriately compensated. The idea is to get your medical bills paid and to provide a percentage of your weekly salary so you don't have to file a lawsuit against your company (though you still can file a lawsuit in many states, however. We'll cover this later).

Workers' compensation is a really important safety net for most workers. It provides you with a certain amount of financial protection, but the employer gets a good deal as well; the laws limit how much you can get from your company, and the laws usually prevent you from suing your co-workers.

Workers' compensation is basically a no-fault set up.

That is, if you are hurt on the job, it is generally not a matter of determining if you were at fault or if the employer was at fault. You simply receive treatment for your medical bills and part of your salary through the workers' compensation program to which your employer belongs.

Injuries covered under workers' compensation

You could receive compensation for these types of work-related injuries:

• Any preexisting condition or injury that your job makes worse, such as a back injury.
• Injury that occurs during a lunch break, 15-minute break, any work-sponsored event, or any work injuries caused by the employer's facilities, such as a broken chair in the break room.
• Serious diseases such as lung cancer or mesothelioma, if you can prove it was contracted by your presence on the job.

Injuries that may not be covered under workers' compensation include:

• Injury sustained when you are doing a personal errand off of company property.
• Horseplay at work that results in an injury.
• Some states will not provide benefits to a person who was hurt while intoxicated; however, if the employer provided alcohol at a company-sponsored event, you should speak to a workers' compensation attorney about this scenario.

Expenses covered under workers' compensation

Most workers' compensation insurance will cover:

• Medical bills from the injury
• Replacement of part of your income while you recover
• Retraining costs
• Partial compensation for permanent injuries
• Benefits to family of worker who dies on the job

Workers' compensation does not cover your pain and suffering. So, if you have very serious injuries, you may look at filing a personal injury lawsuit. This can be difficult to do, but there are exceptions.

For instance, if you think your employer intentionally caused your injury, you may be able to file a lawsuit instead. The most common reasons for this are:

• Battery
• Assault
• Intentional infliction of emotional distress
• Fraud
• Trespass

And, as noted earlier, if you were hurt on the job and you think a third party is to blame, you can sue that party.

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