Worker’s Compensation – Its Purpose and Scope

Worker’s compensation is a set of laws created to protect workers should they be injured or become ill due to their workplace environment or job responsibilities. Each state has their own specific worker's compensation laws, and there are special worker's comp laws for federal workers as well as for certain types of industries such as maritime and railroad employees.

In most states, these laws require businesses to carry some type of worker's compensation insurance to cover their employees. Unlike some of the more industry specific worker's comp-type laws, most worker's comp laws are “no-fault,” meaning the injured worker does not have to prove negligence on the part of the employer, the employees, or the workplace environment, as the cause of the injury. The injured employee is simply covered for his/her work-related injuries.

Normal worker's compensation claims are like filing an insurance claim and don’t start out as a lawsuit. In fact, worker's compensation laws were designed so the employee didn’t have to sue their employer for benefits due to a workplace accident or illness. They can become lawsuits if the employer refuses to pay the worker's comp claim, or if the claim involves a third-party provider, such as an equipment manufacturer who manufactured a tool or machine that was in use when the injury occurred. Also, an employee can pursue legal action outside of the worker's compensation laws, if the workplace injury was due to intentional behavior on the part of the employer and or for emotional distress or discrimination.

As mentioned, worker's compensation coverage varies by state. Coverage can also vary by occupation, for example domestic employees, agricultural workers, and independent contractors can be exempt from coverage in some states. Also, some states limit coverage to those businesses with a certain number of employees.

To be sure of what your specific state’s laws are, you should contact an experienced worker's compensation attorney licensed in your state.

Next: Worker’s Compensation Litigation – The Benefits of having an Attorney