Employers offer their employees workers’ compensation insurance in exchange for the employee relinquishing their right to sue an employer for the tort of negligence. This also helps employers from going completely bankrupt in the event an employee sues them for damages. Workers’ compensation ultimately protects both employee and employer.
Filing a workers’ compensation claim isn’t the same as bringing a lawsuit against an employer. It’s simply a request to receive benefits, such as medical care needed to address injuries. The majority of states distinguish between permanent total disability and permanent partial disability.
Across the United States, each state has a unique approach to addressing noncompliance with workers’ compensation. Only Texas and Oklahoma permit employers to opt out of the state’s workers’ compensation system. Most states levy a fine; however, the fine amount depends on:
However your employer is insured does not affect employee eligibility. In general, workers’ compensation does not cover volunteers and independent contractors, among others.
If you believe you have an occupational disease or have been injured as a result of your job, tell your employer immediately. If you don’t report an injury or illness in time, you could lose out entirely on workers’ compensation depending on your states’ laws.
Across the United States, it is illegal or employers to discriminate or retaliate against employees for filing a workers’ compensation claim. That said employers are still able to fire you while receiving workers’ compensation, but not because of it. If you believe your employer has terminated your employment due to your filing a workers’ compensation claim, gather evidence to the best of your abilities to prove wrongful doing. Keep all documentation related to your injury and employment.