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Workers' Compensation Law FAQ

Workers' compensation laws are designed and implemented on a state level rather than a national level. This means that workers' compensation codes vary from state to state.

However, there are some general workers' comp guidelines that apply regardless of the jurisdiction. The following are some workers' compensation FAQ (frequently asked questions). If you still have specific questions after reading this guide, you should consult a workers' comp attorney in your state.

Does My Company Have to Provide Workers Compensation Benefits?

According to workers' compensation laws in all states, most employers must purchase workers' compensation insurance. There are a few exceptions to this rule. For example, if you operate a sole proprietorship and you are the only company employee, you do not need workers' comp insurance.

Can I Sue a Third Party for My Occupational Injuries?

If you believe a third party is responsible for your occupational injury, you may be able to file a civil lawsuit against this party. For example, if you are injured while operating a piece of faulty machinery, you may be able to sue the machinery manufacturer to collect compensation for your injuries. In this case, you can also file a workers' comp claim with your employer to receive workers' comp benefits.

Can My Employer Stop Me from Getting Workers' Comp Benefits?

According to workers' compensation laws, your employer can challenge the decision of its insurance carrier to provide you with workers' comp benefits. This may occur when the employer feels the injury is not work-related.

In addition, some workers' compensation insurance policies require the insurance carrier to inform the employer about any potential workers' compensation claim settlements. The employer may then give its opinion before the settlement becomes final.

What if My Employer Does Not Have Workers' Comp Insurance?

You may still be able to collect workers' comp through a state fund designated to pay employees who work for employers that do not have workers' comp insurance. Contact your state's workers' compensation board to get more information about this option.

In addition, you may be able to file a lawsuit against your employer to collect compensation for your injuries and loss of wages.

What Injuries Are Covered by Workers' Comp?

Workers' compensation laws dictate that all injuries arising out of and in the course of a worker's job are covered by workers' comp benefits.

Where Can I Learn More Information about Workers' Compensation Law?

Because each state manages its own workers' compensation laws, you should contact your state workers' compensation bureau. Usually this bureau (frequently called the workers' compensation board) can be located in the blue pages section of your phone book.