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Workers’ Compensation

Workers' compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. Every state has workers’ compensation laws. While the fundamental aspects of these laws are the same, local attorneys who specialize in workers’ compensation can advise you of the intricacies that define your state’s law.

Under workers’ compensation laws, workers injured or disabled on the job receive a fixed sum of money. Many states also provide for an injured worker’s dependents. Regardless of state law, workers’ compensation typically pays for any necessary medical expenses (such as seeing a doctor), follow-up treatment (such as physical therapy) and surgery. Furthermore, at least a portion of prescription medication costs is covered.

Any worker injured on the job has the right to be treated by a doctor. State law might require the worker to see a specific doctor to continue receiving benefits; the treating physician, however, may be of the worker’s choice.

While receiving treatment, a dispute could arise between the worker and the insurance company paying the benefits. Insurance companies are required by law to deal with customers in good faith. If an insurance company refuses to pay all or part of a legitimate claim, most state laws allow the injured worker to sue the insurance company. A workers’ compensation attorney can determine if filing suit is a viable option.

Injured workers should try to make sure they are not shortchanged. Workers’ compensation is possibly only part of the money an injured worker may receive. For instance, if the worker is injured on the job by someone who is not a co-worker, the injured employee might be able to sue that person for negligence in addition to recovering workers’ compensation. Likewise, if a worker is injured by a piece of machinery, a product liability suit might be available against the manufacturer of the machine.

Acts Related to Workers’ Compensation

The Federal Employees' Compensation Act provides workers’ compensation for non-military federal employees. Many of the act’s provisions are typical of most workers’ compensation laws. Awards are limited to disability or death sustained while in the performance of the employee's duties but not caused willfully by the employee or by intoxication. The act covers medical expenses caused by the disability and might require the employee to undergo job retraining. A disabled employee receives two thirds of his or her normal monthly salary during the disability and may receive more for permanent physical injuries or if he or she has dependents. The act also provides compensation for survivors of employees who are killed.

The Federal Employers Liability Act, while not a workers' compensation statute, provides that railroads engaged in interstate commerce are liable for injuries to employees if the employer was negligent. The Jones Act provides seamen with the same protection. The Longshore and Harbor Workers' Compensation Act provides workers' compensation to specified employees of private maritime employers.

The Black Lung Benefits Act provides compensation to miners suffering from "black lung" (pneumoconiosis). The act requires liable mine operators to pay disability payments and establishes a fund administered by the secretary of labor providing disability payments to miners when the mine operator is unknown or unable to pay.

The content on this page was developed in partnership with the Legal Information Institute, Cornell Law School.