Workers' compensation is a no-fault insurance system that pays medical care and part of lost wages when an employee is injured or made ill by their job. Most employers are required to carry it.
No-fault, with a trade-off
You generally do not have to prove your employer did anything wrong. In exchange, workers' comp is usually the exclusive remedy, which means you cannot sue your employer for the injury in most cases.
What it can cover
- Medical treatment related to the injury.
- A portion of lost wages while you cannot work.
- Compensation for permanent impairment in some cases.
- Retraining or vocational help in some states.
- Death benefits for dependents.
Steps after a work injury
- Get medical care right away and tell the provider the injury is work related.
- Report the injury to your employer in writing as soon as possible. States set short notice deadlines.
- Complete the claim form your state requires and keep a copy.
- Follow your doctor's treatment plan and any rules on choosing doctors.
- Keep records of bills, missed work and communications.
If the claim is denied
Denials can be appealed through your state's workers' compensation system. The deadlines are strict, so act quickly and consider speaking with a workers' comp attorney, who in many states is paid a regulated share of any benefits recovered.
Frequently asked questions
Are independent contractors covered?
Usually not, but misclassification is common. Whether you are an employee depends on the nature of the work relationship, not the label.
Can I be fired for filing a claim?
Retaliation for filing a workers' comp claim is unlawful in most states.