Workers' Compensation Information Center

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Workers' Compensation: Frequently Asked Questions

Q: What is workers' compensation?

A: Workers' compensation laws allow workers who are injured, sickened or killed in the courses of their employment to receive compensation without filing traditional lawsuits. An injured worker need not prove that his or her employer was negligent or at fault, only that the injury happened in the course of the worker's employment. Unless someone other than the employer (or a coworker, in most cases) was responsible for the worker's injuries, workers' compensation is usually the sole, exclusive remedy for the injuries.

Q: What kinds of work-related injuries are covered?

A: Back injuries and repetitive stress injuries are very commonly compensated, but almost any kind of physical injury or disease is covered by workers' compensation, as long as it is work related. In some states, mental, emotional or psychological harm is also covered in certain situations. An injury or medical condition you already had will not qualify unless it was exacerbated or hastened on the job.

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Employer Retaliation against the Workers' Compensation Claimant

Workers' compensation is sometimes viewed as a compromise between employees and employers: workers give up the right to sue for large awards in court in exchange for certain and timely, albeit relatively lower, reimbursement for work-related injuries and illnesses. Employers take on the responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being tied up in court and potentially liable for large verdicts.

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Can I Recover Workers' Compensation Benefits if I Work for a Government Employer?

Workers' compensation benefits are usually the exclusive remedy for workers injured on the job. But is that still true if you are a public employee? If you or a loved one has been injured or killed on the job as a public servant, you should consult an experienced workers' compensation attorney to determine your rights under the workers' compensation laws.

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Can I Sue My Employer Instead of Filing a Workers' Compensation Claim?

The answer to this question is, in most cases, no. Workers' compensation systems were established as a trade-off in which employees gave up the right to sue employers in court for their work-related injuries and occupational diseases in exchange for the right to receive workers' compensation benefits regardless of who was at fault for their injuries. Most employers are required by law to either carry workers' compensation insurance or to self-insure for the benefit of their employees. In exchange for providing that insurance, employers are protected from defending personal injury claims brought by employees in civil lawsuits.

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What Are the Rehabilitation Rights of Injured Workers?

The word "rehabilitation" in the area of workers' compensation has two very different meanings. When most people think of rehabilitation, they think of physical therapy or rehabilitative care aimed at overcoming an injury and regaining functionality. Did you know that there is also vocational rehabilitation? In many states, injured workers who cannot return to their former employment are entitled to this type of rehabilitation at the expense of their employer, their employer's workers' compensation insurance carrier, the state or some combination of these sources, as determined by the law of the state in question.

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