Every state, plus the federal government, has a workers’ compensation law that requires employers to provide certain types of insurance benefits for employees who were injured in the course of their employment. Workers’ compensation laws and procedures differ from state to state, but this article will discuss the general rules.
In order to qualify for workers’ compensation benefits, you must be an “employee,” with two limited exceptions. Crewmembers on vessels and interstate railroad workers are ineligible for workers’ compensation benefits. If those types of employees get injured on the job, federal law requires them to sue their employers instead of receiving workers’ compensation benefits. For most other workers, their eligibility for workers’ compensation benefits is based on whether they are employees or independent contractors.
An employee is someone who works for another person or company, and who is not an independent contractor. So what is the difference? There are a number of factors to consider in determining the difference, but, in general, an employee is a worker who:
An independent contractor is the opposite. Independent contractors use their own tools, don't have taxes taken out by the employer, might be hired for only one job, and aren't necessarily performing the employer’s regular business.
An important distinction between the two is who controls the details of the work. An employer has the authority to tell an employee exactly to perform every step of the job. By contrast, the employer doesn't have the power to tell an independent contractor how to perform the job. A good example is a plumber or an electrician. When you hire a plumber or an electrician, you tell them what you want them to do (i.e., fix a leak or your wiring), but you don't tell them how to do it.
Drivers for ride-sharing companies such as Uber and Lyft have repeatedly been found to be independent contractors, though that could change in the future.
Workers’ compensation has nothing to do with fault. You are entitled to receive workers’ compensation benefits if your injury was your fault, your employer’s fault, or nobody’s fault—as long as the injury is related to your job.
No, the workers’ compensation system is typically an injured employee’s sole remedy against the employer with respect to that injury. With a few narrow exceptions, you cannot sue your employer for damages for your injury.
If you were exposed to toxic substances such as asbestos, or your injury was the result of your employer's purposeful conduct, you might be permitted to sue. Contact a workers' compensation attorney to discuss the best way forward.
The injury need not occur on the employer’s premises. You are entitled to workers’ compensation benefits as long as you are injured while in the course of your employment. Many types of work-related activities take place away from your employer’s office or factory, such as:
Travel to and from business meetings and work-related education is also considered to be in the course of one’s employment. An injury at a company picnic or recreational event can even be covered by workers’ compensation, depending on the nature of the event.
An injury that occurs while you are commuting to and from your regular place of employment is not generally covered under workers’ compensation. Also, not all injuries that occur during work-related business travel will be covered under workers’ compensation. If, for example, you get injured while sightseeing or doing other non-business-related activities during a business trip, that injury will generally not be covered.
All employers are required to have either workers’ compensation insurance or be self-insured. If your employer does not have insurance and is not self-insured, you may generally take one or even both of the following actions:
If you get hurt at work, and your employer does not have workers’ compensation insurance, you should contact a workers’ compensation lawyer immediately.
Although every state’s law is a little different, workers’ compensation laws generally provide injured employees with the following types of benefits:
Injured employees are not entitled to workers’ compensation benefits for pain and suffering like in a private injury lawsuit. How much you'll receive in workers' comp benefits depends on the nature of your injury and the law in your state.