Find out what qualifies as a workplace injury, how to protect your rights, if you need an attorney, and how to file a workers’ compensation claim.
Every year, at least 2.8 million American workers suffer non-fatal injuries on the job,¹ and more than 5,000 workers die from work-related injuries.²
Workplace injuries can be devastating to workers and their families, physically, emotionally, and financially.
Fortunately, most employers are required by law to protect their employees with workers’ compensation insurance, also known as workers’ comp.
Workers’ comp gives injured workers immediate help with medical expenses and wage replacement. But the process can be complicated and doesn’t always have the best outcome for the employee. With a little knowledge, you can greatly increase your chances of getting the compensation you deserve after an injury at work.
Here we unpack what qualifies as a workplace injury, what to do after an injury at work, what you need to know about workers’ comp insurance, how to get fair compensation, and much more.
What Is Workers’ Compensation Insurance?
Workers’ compensation insurance is a type of “no-fault” coverage for eligible workers injured on the job. Workers’ comp covers an injured worker’s medical expenses and a portion of their wages until they can return to work.
Workers’ comp insurance is required almost everywhere in the United States. It provides benefits to workers who become injured or sick from their job, without having to prove the employer was at fault. However, the injured employee is not allowed to sue their employer except in extreme circumstances.
Workers who may not be eligible for workers’ comp benefits include volunteers, independent contractors, agricultural workers, and domestic workers. The rules vary by state.
Get answers to the Top 20 Frequently Asked Workers’ Comp Questions here.
More Questions about Workers’ Compensation:
What to Do After a Work Injury
If you’ve recently been injured at work, here’s what to do:
Step 1. Get Medical Treatment
The first step after any type of injury is to get prompt medical treatment. Even if you don’t think it’s an emergency, it pays to see a doctor. Adrenaline at the moment of injury can mask symptoms. Getting treatment quickly can prevent an injury from getting worse. Furthermore, establishing a medical link between your work activities and the injury is necessary for a successful claim.
Step 2. Report the Injury to Your Employer
As soon as possible after seeking medical attention, report the accident to your employer. Your report protects your claim for benefits. If you wait too long to report your injury you may lose the chance for compensation.
Most state laws say a worker has to report their injury within a specific period of time after it happened. This time period is usually within a few days of the accident, or within a “reasonable time” after the accident.
Step 3. File a Workers’ Compensation Claim
While reporting your work injury to your employer is a good start, the act alone is not the same thing as filing a claim. Once you tell your employer about an injury, you should be given a workers’ comp claim form. You must complete the “Employee” section of this form to start a workers’ comp claim.
You’ll generally have to provide details about your accident and the treatment you received for your injuries. Make sure to sign and date the form, and make a copy for your records. Once completed, return the form to your employer.
How Does Workers’ Compensation Work?
Many injured employees are confused and stressed, and don’t know how workers’ compensation works.
Where and how to file a work injury claim depends on the circumstances of your injury. Typically, you will report an injury to your boss and get immediate medical attention. Then, you’ll file a claim with your employer’s insurance company by using forms provided by your employer or filing your claim online.
Throughout your recovery, the workers’ comp company will keep close tabs on your medical condition. If they suspect your injury is not as severe as you assert, they may start a claim investigation. Here’s how to respond to a workers’ comp investigation and prove your claim.
After filing a claim, you’ll get partial wage benefits until you’re able to return to work. You must return to work as soon as the doctor says you’re able. You may be sent back to work with “light duty” restrictions before full recovery.
If your doctor determines that your injury left you with a permanent disability, you may be offered a lump sum settlement to resolve your workers’ compensation claim. When a worker is fatally injured on the job, benefits are payable to their next-of-kin.
More Questions About How Workers’ Comp Works:
Should You Sue Your Employer?
There are many justifiable reasons to sue your employer. These include violations such as failing to carry worker’s comp insurance, wrongful termination, employer retaliation, discrimination, egregious conduct and sexual harassment, unsafe work environments, and more.
But if your injury is simply being questioned by your employer or the workers’ comp company, a lawsuit may not be necessary. The first step is to speak to an attorney. An attorney can help prove your condition qualifies as a workplace injury and get you the benefits you deserve, without filing a lawsuit.
What Does Workers’ Compensation Cover?
While each state has its own workers’ compensation laws, there are many similarities governing what workers’ comp covers and doesn’t cover.
Workers’ compensation normally covers:
- Medical bills
- Partial wage replacement
- Disability lump-sum payout
- Vocation training
- Death benefits
Workers’ compensation normally does not cover:
- Pain and suffering reimbursement
- Injuries resulting from illegal activities, drug or alcohol use, horseplay, or violations of company policies
Work Injury Settlement Amounts
Average settlement amounts for work injuries vary widely. Payouts are affected by a variety of factors including the type and severity of the injury, level of disability, worker salary, and more.
Who pays for a work-related injury?
If you’re wondering who pays for your work injury, chances are your situation is more complicated than a standard workers’ comp claim.
In a normal claim, your employer’s workers’ comp insurance company should pay your medical expenses and lost wage benefits. In some cases, a third party may also be liable for your injuries. A third party is someone other than you and your employer.
For example, let’s say you’re at work driving a company vehicle and get hit by another driver who ran a red light. Workers’ compensation will pay for your medical care and wage benefits, but you can also pursue compensation from the at-fault driver through their auto insurance liability coverage.
Common Workplace Injuries & Causes
Some of the most common workplace injuries are caused by overexertion and body reactions, slips or trip and falls, and contact with workplace equipment.³ A significant number of job-related injuries are also caused by vehicle accidents.
Top 5 most common causes of workplace injuries:
- Overexertion (lifting, pulling, etc.)
- Work-related vehicle accidents
- Slips, trips, and falls
- Faulty equipment and machinery
- Assaults at work
Overexertion injuries happen while lifting, pulling, and twisting. Body reaction injuries are caused by repetitive motion without exertion, like typing and scanning groceries.
Slip, trip, and falls result in a wide variety of workplace injuries, ranging from bumps and bruises, to broken bones, to fatal head or spinal cord injuries. Workplace falls can be same-level falls, like tripping over an extension cord, or potentially deadly high-level falls from a roof or collapsing structure.
Equipment-related injuries can be caused by a body part caught in machinery, flying objects, burns, abrasions, explosions, and vibrations. Failed safety equipment can also play a role in workplace injuries.
See statistics on workplace injuries here.
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