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Generally, employers in most states are obligated to purchase workers’ compensation insurance to provide benefits and protection to employees who suffer on-the-job illnesses and injuries, regardless of who is at fault. The laws are designed to provide fixed monetary awards for injured employees, eliminating lawsuits over damages such as emotional, mental or physical suffering and pain. Workers’ compensation insurance is a state-commissioned program that makes payments and covers the medical care of people who are injured in relation to their job. Federal employees have their own workers’ compensation insurance.
Workers’ Compensation Employer Responsibilities
Employers must purchase and pay for the workers’ compensation insurance policy in its entirety; employees should not pay for it or have any amount deducted from their wages to cover it. Other duties that employers must perform in most states regarding workers’ compensation include:
• Record all workplace injuries that require more than first aid
• Mail written injury reports to a nearby workers’ compensation board office
• Conspicuous job site postings of compliance notices with workers’ compensation laws
• Obtain medical attention for injured employees if they are unable to do so on their own
• Offer employees who sustain work-related injuries immediate emergency medical attention
• Respond to information requests from the insurance company or workers’ compensation board
Injured employees are generally covered for one to five years from the date of injury depending on the state’s laws. In cases of severe injury, such as permanent disability, lost limb or death, benefits may extend longer.
Employees’ Rights to Sue for Certain Work-Related Injuries
Provisions vary from state to state concerning limited exclusions, and therefore, some injured employees may have a right to file a lawsuit against their employer. These exclusions include
the employer’s reckless actions, infliction of emotional distress, invasion of privacy, battery, trespass, defamation and false imprisonment.
Benefits Available Under Workers’ Compensation
The provisions included under workers’ compensation plans include covering 100 percent of medical costs associated with the injury, such as rehabilitation, prescription drugs, surgeries, medical care and doctors’ visits. If employees are unable to work temporarily, workers’ compensation can pay up to two-thirds of their normal wages. However, pain and suffering benefits are not available under workers’ compensation insurance. Permanently disabled employees who cannot perform the work they were doing before the work-related injury, or are unable to work at all, may be eligible for permanent disability benefits, including long-term or for lump-sum benefits. Additionally, dependents of employees who die from on-the-job illnesses or injuries may be able to receive survivors’ death benefits.
Employer Penalties
The exclusive remedy for workplace injuries in most states is workers’ compensation. When employers, who are required to carry this coverage fail to do so, it can result in sanctions against the employer, such as:
• Criminal charges
• Lawsuits
• Steep penalties
• Employer personal liability for injured workers’ benefits
• Loss of protections afforded by state laws and workers’ compensation insurance
Employers have a duty to not retaliate against employees who file a workers’ compensation claim. This includes discrimination, harassing or unfairly terminating an injured employee. Employers that retaliate could face severe penalties.
Employees Ineligible for Workers’ Compensation Coverage
Depending on state laws, certain groups of employees are not eligible for coverage under workers’ compensation insurance. Typically, the following workers are not covered:
• Seasonal
• Domestic
• Volunteer
• Consultant
• Agricultural
• Undocumented
• Independent contractor
Certain types of workers who are exempt from coverage are required to sue their employers in lieu of receiving workers’ compensation benefits. Two of these groups include interstate railroad workers, and employees who work on docks or ships.”
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.