Workers' Compensation Information Center

Workers' Compensation: Frequently Asked Questions

Q: What is workers' compensation?

A: Workers' compensation laws allow workers who are injured, sickened or killed in the courses of their employment to receive compensation without filing traditional lawsuits. An injured worker need not prove that his or her employer was negligent or at fault, only that the injury happened in the course of the worker's employment. Unless someone other than the employer (or a coworker, in most cases) was responsible for the worker's injuries, workers' compensation is usually the sole, exclusive remedy for the injuries.

Q: What kinds of work-related injuries are covered?

A: Back injuries and repetitive stress injuries are very commonly compensated, but almost any kind of physical injury or disease is covered by workers' compensation, as long as it is work related. In some states, mental, emotional or psychological harm is also covered in certain situations. An injury or medical condition you already had will not qualify unless it was exacerbated or hastened on the job.

Q: What do I receive for my injuries?

A: How a particular injury is compensated varies from state to state and may be determined from a schedule, formula or other method. The law generally authorizes payment of the medical bills that relate to your injury, as well as payments to make up, at least in part, for the wages you lose because of your injury. In some cases, you may be able to receive money to help you train for a new job.

Q: Who pays workers' compensation benefits?

A: Exactly where the payments come from depends on the particular state's laws. Most states either require employers to carry workers' compensation insurance or to be self-insured. Self-insured businesses keep private accounts designated for payment of claims. Other states set up public insurance funds to which employers must pay premiums.

Q: What do I do if have been injured on the job?

A: Your first step should be to report your injury to your employer as soon as possible. The required form of the notice and the person who should receive the notice varies by state law and with the circumstances. Usually, a verbal report is all you need to make, but that may not be true in your state. Some states also require notice to your employer's workers' compensation insurer, to the state workers' compensation agency and/or to the local court. Your state will probably also require the actual filing of your workers' compensation claim with the agency by a particular date.

Q: Who chooses the doctor that I see?

A: Who has the right to choose the physician that treats your work-related injury or illness varies widely by state. In most cases, emergency care can be sought without concern about approval, but the right to select your ongoing treating doctor may be yours, your employer's or your employer's workers' compensation insurer's. Some states allow the employer or insurer to create a panel of approved doctors from which you can choose. If you are unhappy with the doctor or other health care professional, you may have the right to request treatment from someone else.

Q: Are workers' compensation benefits taxed?

A: Workers' compensation benefits are generally not taxed by either the federal government or the states. An exception may be when the workers' compensation is received in place of Social Security Disability Insurance or Railroad Retirement benefits.

Q: My employer and I disagree about my workers' compensation benefits. What can I do?

A: State workers' compensation law normally provides opportunity for review, hearing and appeal within the workers' compensation agency if you and your employer, or your employer's insurer, cannot resolve a dispute. Normally a workers' compensation claim can also be appealed beyond the state agency to a reviewing court. While it is not required, it is a good idea to be represented by an attorney in your workers' compensation claim, especially at any hearing and on appeal to court.

Q: I was injured on the job, but the injury was caused by someone with no connection to my employer. What are my rights?

A: You still have the right to receive workers' compensation benefits. In addition, you may be able to bring a separate lawsuit against the party who caused your injuries. If you recover against the third party, your employer or its insurer may be entitled to reimbursement for workers' compensation already paid. It is important to consult with an attorney with experience in this area of the law to learn exactly what your rights are in this situation. There is some variation among states' workers' compensation laws.

Copyright ©2008 Metzger, Wickersham

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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