Workers’ Compensation

Workers’ compensation is insurance that pays for medical care and part of your lost wages if you’re hurt or get sick because of your job, no matter who was at fault.

What it usually covers

In exchange, you generally can’t sue your employer for the injury. You may still be able to sue a third party, like an equipment manufacturer or another contractor.

What to do after a work injury

  1. Get medical care. Tell the provider it happened at work.
  2. Report the injury to your employer right away, in writing. States have deadlines, sometimes as short as a few days, and late reporting can hurt your claim.
  3. Make sure your employer files the claim with its insurance carrier, or file it yourself with your state workers’ comp agency.
  4. Keep copies of everything: medical records, forms, letters, and a list of missed workdays.
  5. If your claim is denied, you can appeal. Many workers’ comp lawyers work for a percentage set by the state.

How states differ

Retaliation: it is illegal in every state to fire or punish you for filing a workers’ comp claim, and OSHA rules protect your right to report injuries.

Standards & references

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