Workers' Compensation State Laws

Anyone who is injured while on the job has the right to have their employer reimburse them for the costs and care of that injury.  Current laws protecting that right are called worker’s compensation laws, workman’s compensation laws, or simply worker’s comp.  While for many years, worker’s compensation was not a right that was generally enjoyed in this country, in the early 20^th century states began enacting laws protecting employees in those difficult situations.  Currently, all states require employers to carry some form of worker’s compensation insurance; however, the specific elements of those laws vary by state.  While all states require businesses to carry this insurance, there are times when having a claim honored is difficult.  In those situations, there are experienced worker’s compensation attorneys who can provide advice and representation for employees to be sure their rights are protected.

Workers Compensation Law & Regulations

All states require most businesses to carry worker’s compensation insurance to protect those employees injured on the job, although there are a few exceptions.  Those exceptions include domestic employees and farm workers.  They also specify small companies with less than five employees and large companies who choose to self-insure for worker’s compensation. 

If an employer does not carry workers compensation, there are consequences in most states, including:

• Fines
• Criminal charges
• Liability for employee’s injuries and costs
• Liability for lawsuits from an injured employees

For those employers who do carry worker’s compensation insurance, when an employee is injured on the job they responsible to provide the necessary care to return that worker to health or, if the injury is permanent, equip them to work at another type of job or compensate them for their inability to work. 

For non-permanent injuries, the employer will generally cover:

• Medical costs, including rehabilitation and travel time
• Wages, generally two-thirds of the employee’s normal wage
• Employment rehabilitation if unable to continue their previous work
• Additional compensation if their income is reduced by the injury

These benefits vary by state, so any employee who is injured on the job should contact their state worker’s compensation office.  In addition, if any employer is unwilling to provide these benefits, employees can contact a worker’s compensation attorney at any time to learn their rights and pursue protection.

Injuries That Aren't Covered

There are some injuries that are not covered under worker’s compensation laws, including injuries that are:

• Self-inflicted
• Incurred while intoxicated
• Incurred while the employee is not “on the clock,”
• Incurred while the employee is acting in a way that is against company policy

In addition, there are times when employers use a company doctor, who either does not consider the injury serious, or who attempts to send an employee back to work before the employee is physically able to do so.  In those cases, an employee may need to enlist the aid of a worker’s compensation attorney to enable them to obtain their rights. 

Filing a Workers Comp Claim

No matter how insignificant a job-related injury seems, it is wise to file a worker’s compensation claim immediately.  If the injury is eventually shown not to require compensation or extensive medical care, the claim may be dropped.  However, there is a statute of limitations on worker’s compensation claims, which is unique to each state.  If you are injured on the job, you should learn the laws in your state immediately file your claim, pursue the most appropriate course to receive treatment and compensation, or contact a lawyer to help you obtain your rights.