Free Worker's Compensation Law FAQs | Free Worker's Compensation Law Legal FAQs

Does Workers Compensation Apply To My Job?

Wed, 26 Dec 2007 18:48:26 GMT

The majority of jurisdictions provide no exemptions to the application of workers’ compensation statutes, so long as there is an employer/employee relationship. In a minority of jurisdictions an employer is exempt from having to carry workers’ compensation insurance if they employ under a certain number of employees, or other special exemptions exist within the jurisdiction. Additionally, if an employee contracts with an employer to enter into a relationship that is designated as an independent contractor relationship or partnership, workers’ compensation statutes may not apply.

I Was Injured While Working At My Job. What Rights Do I Have?

Wed, 26 Dec 2007 18:48:26 GMT

If you are injured while performing the duties of your employment you will generally have your medical expenses resulting from the injury, lost wages, and compensation to dependents (if a work-related accident results in death) covered by your employer’s workers’ compensation insurance carrier or a state workers’ compensation fund.

What Should I Do If I Have Been Injured At Work?

Wed, 26 Dec 2007 18:48:27 GMT

If you are injured at work, during the course of employment, you need to notify your employer as soon as possible. Your employer should know the procedure for making sure that your claim gets to their workers’ compensation insurance carrier.

Is There A Time Limit For Notifying My Employer That I Have Been Injured In Order To Qualify For Workers Compensation Coverage?

Wed, 26 Dec 2007 18:48:27 GMT

Yes. There may be a time limit within which you must report your injury to your employer and have a workers’ compensation claim presented to your employer’s workers’ compensation insurance carrier. This deadline for filing a claim for worker’s compensation coverage varies in different jurisdictions, but may be around 30 days after the date of injury.

I Got Hurt At Work And I Filed A Workers Compensation Claim. My Boss Is Mad That I Did This And He Is Threatening To Fire Me. Can He Do This?

Wed, 26 Dec 2007 18:48:28 GMT

Most jurisdictions have “anti-discrimination” laws that prevent an employer from taking any retaliatory action against an employee who has filed a workers’ compensation claim. Therefore, your employer will not be allowed to threaten to terminate or otherwise affect your employment status as a result of filing a claim for workers’ compensation arising from an injury that took place during the course of employment.

Can I Waive Workers Compensation?

Wed, 26 Dec 2007 18:48:29 GMT

Generally, no. Workers’ compensation laws are mandatory in most states. Even if an employee has signed an employment contract that includes wording which states that the employee agrees to waive their rights to workers’ compensation, the right to workers’ compensation will not be waived. In some limited circumstances, if a prospective employee has a condition or characteristic that could make injury more likely for them, an employer may be exempt from having to provide workers’ compensation insurance for that employee.

As for employees, if an employee is injured at work and wishes to sue their employer, they may unintentionally waive their right to receive workers’ compensation if they proceed with legal action against their employer.

Why Is Workers Compensation Good For Me, As A Worker?

Wed, 26 Dec 2007 18:48:30 GMT

Workers’ compensation statutes benefit employees by creating a guaranteed and efficient manner for employees injured on the job to receive compensation for their medical bills relating to their injury and their lost wages resulting from an inability to perform the duties of their jobs. Without workers’ compensation acts in place, workers who were injured on the job would be forced to resort to costly and time consuming legal remedies, where available, or otherwise be forced to personally pay the costs incurred as a result of their injuries.

I Have Become Ill And Cannot Work Because Of My Illness. Am I Entitled To Workers Compensation Benefits?

Wed, 26 Dec 2007 18:48:30 GMT

Generally, for an employee who has become sick or contracted a disease that results in an inability to perform the duties of their employment, they can only recover workers’ compensation benefits if the disease or illness was contracted as a direct result of performing the duties of employment. If a disease or illness that prevents you from working was not contracted as a result of employment, state disability insurance, which is separate from workers’ compensation insurance carried by employers, may provide coverage in such situations.

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