If you have been injured on the job, workers' compensation laws may entitle you to certain benefits. These benefits can include payment of medical bills, compensation while you're unable to work, vocational rehabilitation, permanent partial disability benefits, or total disability benefits. Your employer's workers' compensation insurance is responsible for paying these benefits.
Injuries typically covered by workers' comp include:
If you're injured while at work or develop a job-related occupational disease, you should notify your employer as quickly as possible. Deadlines will vary from state to state, but your ability to receive benefits may be limited if you wait to notify your employer.
Try to find out the name of your employer's workers' compensation insurance carrier. (Your company may be required to post this information in a place that's visible to workers.) You should still seek medical treatment and apply for workers' compensation without this information, but it may be easier if you know the name of the insurance carrier.
You should promptly seek medical treatment for your injury. Make sure to tell the doctor that your injury occurred on the job or in connection with your job. Once you've sought medical treatment for your injury or disease, you should consider contacting a workers' comp lawyer to help guide you through the process of applying for workers' compensation.
After you've received medical treatment, make sure that you formally notify your employer, in writing, before the deadline to receive workers' compensation benefits passes.
Workers compensation laws vary from state to state. A workers' compensation attorney in your area should be able to explain to you the application process and the benefits to which you are entitled.
Although your benefits may vary depending on what state or federal law applies, workers injured on the job--regardless of whether your employer was at fault--may be entitled to benefits that include:
If you receive workers' compensation following an injury, you cannot sue your employer for additional compensation in connection with your injury. You may, however, be able to file a lawsuit against others involved in your injury. For example, if you were injured in an automobile accident while working and the other driver was at fault, you might be able to sue the other driver. Or if your injury was the result of a defective machine, you might be able to sue the machine manufacturer. A workers' compensation lawyer can advise you of your legal options.
Federal government employees, those who worked on nuclear weapons, maritime workers, and coal miners would be covered under one of several federal workers' compensation programs.
The U.S. Department of Labor's Workers' Compensation information page for federal government employees
The U.S. Department of Labor's summary of major labor laws
The Occupational Safety & Health Administration's summary of workers' rights
3 Easy Steps