What Does the Workers Compensation Board Do?

Each state in the US has instituted a workers compensation system, and within each of these states, there is something called a workers compensation board. The workers compensation board is an administrative agency, which means that it is separate from the courts or legislature. The agency in each state was created under that state's workers compensation statute, and thus gets its power from the legislature who passed that statute. Its purpose is to oversee and govern the workers compensation laws and rules.

Understanding the Workers Compensation Board

When the legislature passes a statute or law, sometimes that law is complex and requires special rules for enforcement. For example, when the legislature made the rule that all workers must be compensated for work injuries only through worker's compensation, this law needed to be enforced by someone and the legislature needed to make sure the workers would be protected and would actually get their benefits. The legislature itself couldn't enforce the law- after all, the legislature couldn't deal with every complaint from a worker who wasn't treated fairly. While the court could have enforced the statute, this would have created a lot of extra work for the court. Thus, the workers compensation board was born. There are several other examples of such administrative agencies as well, including the Equal Opportunity Employment Commission (EEOC) that enforces civil rights legislation and the Environmental Protection Agency (EPA) that enforces environmental legislation.

The primary function of the workers compensation board is thus to make sure that the workers comp laws are followed and complied with correctly and that workers are given the rights the legislature set forth in the workers comp laws. This means the board generally:

Monitors employer compliance with requirements to purchase workers compensation insurance
Hears appeals from workers who are denied their workers compensation benefits

For most employees, the main interaction they will have with the workers comp board occurs if their benefits are denied. When benefits are denied, usually a worker must go to this board for their appeals and isn't permitted to file a suit in court, although a final appeal of the boards decision can ultimately be made in appellate court if the worker isn't satisfied with the appeals process.

Getting Help

If your workers comp claim is denied and you find yourself needing to appeal to the workers compensation board, you need to get the help of a qualified lawyer. Presenting a case in front of administrative law judges requires an understanding of administrative rules and knowledge of how the appeals process works with the workers comp board in your state, and your lawyer can help you to make sure you comply with all these special rules and procedural requirements.

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