I Have a Job-Related Injury: What are My Employer’s Responsibilities?

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If you have sustained a job-related injury, your employer may be responsible for helping you with lost wages or other accommodations. Most employers are required by laws in each state to carry workers’ compensation insurance, which pays a portion of an employee’s regular wages while he or she is recovering from a work-related injury or illness.

However, some types of workers, including independent contractors and railroad workers, are not covered by these workers’ compensation laws. Also, in some rare instances, employees may sue employers in court for injuries resulting from willful violations of safety regulations. Examples would include extreme cases of negligence; a failure to carry the required amount of workers’ compensation insurance; and other limited cases.

See FindLaw’s Workplace Safety and Workers’ Compensation subsections for more information.

Is Your Injury Work-Related?

Before you file a claim for workers’ compensation or seek other employer-provided relief, make sure your injury truly is work-related, which generally means it happened while you were doing your work duties or something else on behalf of your employer. This may also include company parties, picnics, or other social events sponsored by your employer but not necessarily on company-owned property.

Additionally, your employer’s workers’ compensation policy may cover job-related injuries even if you were disregarding workplace safety rules (such as “horseplay” on the job). State laws, and even courts within some states, are divided on this.

Below are some other considerations when determining whether your injury is work-related, for purposes of workers’ compensation claims or other actions:

• An injury that occurred during a lunch break is typically not considered work-related, unless it occurs in a company cafeteria or otherwise involves your employer in some way;
• Even if alcohol contributes to an injury, it may still be considered work-related if it occurred during a work-sponsored event such as a holiday party;
• A preexisting condition that is worsened on the job is usually considered work-related;
• Mental conditions are treated the same as physical injuries if they are determined to be sustained on the job or as a result of your job.

Workers’ Compensation Coverage

Employers in most states are required to carry workers’ compensation insurance, but only workers properly classified as “employees” are covered (as opposed to independent contractors). Also, Idaho and Wyoming do not require coverage of undocumented workers; but Arizona, California, Texas, and other states specifically include illegal immigrant workers in employers’ workers’ comp coverage.

Depending on your state, certain types of workers may not be covered by workers’ comp requirements (see Workers’ Compensation Links for state-specific information). Some examples are listed below:

• Domestic workers (housekeepers, nannies, babysitters)
• Agricultural workers
• Seasonal workers
• Undocumented workers

If you are eligible for workers’ comp, you may file a claim for benefits (usually about two-thirds of your regular salary) but you are not entitled to sue your employer for those same injuries in court. But, if your employer fails to provide coverage that is mandated by state law, they may be subject to fines, criminal charges, and/or lawsuits. See Workers’ Comp: Employers’ Responsibilities to learn more about what your employer is required to do (and prohibited from doing) with respect to workers’ comp.

When Workers’ Comp is Not an Option

Just because you are not eligible for workers’ comp benefits does not necessarily mean your employer doesn’t have responsibility for your job-related injury. If you are an independent contractor, for example, your contract may mandate the use of arbitration for injuries and other disputes.

In some rare cases, such as intentionally inflicted injuries sustained in the workplace, an employee may sue his or her employer. But usually that is not permitted. For more details, see Workers’ Compensation: Can I Sue My Employer Instead?

Other alternatives to workers’ comp coverage are listed below:

• Non-military, federal employees are covered by the Federal Employees’ Compensation Act
• The Federal Employment Liability Act (FELA) holds railroads liable for employees’ injuries if they are found to be negligent
• The Merchant Marine Act (also called the Jones Act) provides seamen with protections from employer negligence, similar to FELA
• The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides specialized workers’ compensation coverage for certain employees of private maritime employers
• The Black Lung Benefits Act provides compensation for current and former miners suffering from a mining-related disease known as “black lung”

Original article.