Is There a Workers Compensation Act in Every State?

In 1911, Wisconsin became the first state to pass a workers compensation act and by 1948 every state followed suit. Today in the United States there are 55 different workers compensation programs. Each state has its own program plus the District of Columbia has one and the federal Department of Labor oversees four additional workers compensation programs:

Federal Employees Compensation Program
Longshore and Harbor Workers Compensation Program
Black Lung Benefits Program
Energy Employees Occupational Illness Compensation Program

The coverage and laws vary by state, but in general you can expect worker compensation insurance benefits to provide medical care for injuries or occupational illness and also to provide some level of replacement wages while you are recuperating or if you are permanently disabled.

Injury Prevention

Although workers compensation is administered at the state level, the federal government has three agencies under the Department of Labor that enforce laws aimed at protecting worker health and safety, thus avoiding as many injures in the workplace as possible.

Occupational Safety and Health Administration (OSHA)
Mine Safety and Health Administration (MSHA)
Wage and Hour Division

Almost every employer in the United States is is subject to the minimum safety and health regulations found in the Occupational Safety and Health Act, which requires them to ensure the workplace is free from "recognized serious hazards." Miners are covered with similar laws under MSHA.

The Wage and Hour Division enforces the Fair Labor Standards Act which, among other things, regulates minimum employment ages, the jobs young people can perform and the times of day they are allowed to work in order to maximize their workplace safety.

Why Workers Comp?

Workers compensation laws are intended to protect workers rights by providing a way for them to be more immediately compensated for and receive medical treatment for an injury or illness that occurred on the job.

Prior to the enactments of the different workers comp laws, the only recourse an injured employee had to receive compensation was to win a lawsuit against their employer, usually having to prove negligence on the part of the employer.
Those employees without the means to hire an attorney or those employees who simply suffered accidents were left without options and without financial assistance.

Replacement Wages

All state workers compensation programs provide for some level of replacement wages while the employee is recovering, but each state will calculate the wages a little differently and also will have a different waiting period before the replacement wages can begin.

It is important to know the laws in your state, so you can know if you are receiving your rightful benefits.
Replacement wages are tax free, regardless of the state you live in.

Get Legal Help

Workers compensation cases can be extremely complicated and while your employer is a good source of information, they should not be your only source. Only an attorney with a practice that specializes in workers compensation cases is in the best position to represent you and make sure you are receiving all of the benefits that you are eligible for after suffering a work related injury or illness.

Have a Work Injury Case?