Essentials of Work Injury Claims and Workers’ Compensation Law…

Workers’ compensation law mandates insurance coverage for on-the-job injuries.

The process for filing a workers’ comp claim varies from state to state, but nearly always involves an employer, the injured employee, an insurance provider, and medical professionals.

All fifty states require employers (of a certain size) to provide workers’ comp coverage for their workers. There’s also a federal layer of workers’ compensation covering many government employees.

Workers’ comp is a no-fault system, designed to provide benefits to employees while protecting employers from lawsuits. By sidestepping the court system and the need to prove fault, the entire process is considerably streamlined (when compared to other personal injury case types).

Workers’ comp benefits are typically limited to medical costs and partial compensation for lost income (generally 50 to 70 percent of pre-injury wages). Benefits normally don’t include compensation for pain and suffering. Serious injury cases may involve permanent or partial disability, resulting in a permanent stipend and/or a lump sum settlement.

Workers’ comp claims can include:

  • Aggravation of pre-existing conditions
  • Injuries sustained on company property or at a company-sponsored activity
  • Injuries caused by company-owned assets, like mechanical equipment

More serious cases include diseases caused by exposure to hazards, such as benzene, asbestos or silica dust. While mesothelioma is one extreme example of this, a more common example is rashes brought on by exposure to cleaning chemicals or gasoline.

Workers’ compensation typically doesn’t cover injuries resulting from horseplay at work, or injuries sustained while drunk or in an impaired state. Likewise, only a few states provide coverage for employees injured while travelling to and from work, unless that transportation is provided by the employer.

The vast majority of workers’ compensation cases are streamlined, and only involve filing a claim with the workers’comp insurance carrier. But there are times when it’s necessary to hire an attorney due to coverage limits or denial of benefits.

Workers’ Compensation Case Types:

Issues with Work Injury Claims

Most employers have a clear process for filing on-the-job injury claims, although many employees may not be familiar with it. The pages below address some common problems and answer common questions.

You can get a good overview of workers’ comp insurance here.

Common Causes of Work Injuries

Dangerous work conditions and equipment can result in serious injuries to employees. Negligent and violent employees can also cause workplace injuries. Here we discuss some common causes of on-the-job injuries and what to do about them…

Administrative Problems

Unfortunately, many employees run into problems filing their workers’ comp claims, or have difficulty dealing with their employers. This section addresses suing your employer, your rights when returning to work, and if you can be fired after suffering a work-related injury.

Common Types of Work Injuries

There are some common workplace injuries that all employers and employees should look out for. Find out what they are, how to avoid them, what treatment is best, and how to file a claim for compensation.

How Much is Your Injury Claim Worth?

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Visitor Questions on Work Injuries / Workers' Compensation