Your Right to Workers' Comp Benefits FAQ
Frequently asked questions about workers' compensation.
What is workers' compensation?
Who pays workers' compensation benefits?
Are all on-the-job injuries covered by workers' compensation?
» Does workers' compensation cover only injuries or does it also cover long-term problems and illnesses?
Do I have to be injured at my workplace to be covered by workers' compensation?
What kind of benefits will I receive?
Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?
If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?
Can I ever sue my employer in court over a work-related injury?
What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?
Does workers' compensation cover only injuries or does it also cover long-term problems and illnesses?
Your injury need not be caused by an accident -- such as a fall from a ladder -- to be covered by workers' compensation. Many workers receive compensation for injuries that are caused by overuse or misuse over a long period of time -- for example, repetitive stress injuries such as carpal tunnel syndrome or back problems. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions -- for example, heart conditions, lung disease, and stress-related digestive problems.
| Are You Covered by Workers' Compensation? |
Most workers are eligible for workers' compensation coverage, but every state excludes some workers. Exclusions often include:
- business owners
- independent contractors
- casual workers
- domestic employees in private homes
- farm workers
- maritime workers
- railroad employees, and
- unpaid volunteers.
Check the workers' compensation law of your state to see whether these exclusions affect you.
Federal government employees are also excluded from state workers' compensation coverage, but they receive workers' compensation benefits under a separate federal law.
In addition, some states do not require workers' compensation coverage of employers having fewer than a designated number of employees -- three to five, depending on the state. So, if you work for one of these employers, you may be excluded from the state program.
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