Worker’s Compensation – Frequently Asked Questions

Q: Why can't I sue my employer directly?

A: The workers’ compensation system is based on insurance obtained by the employer to cover employee benefit claims. By pursuing a workers’ compensation claim, an employee gives up the right to sue the employer directly, but the benefits are assured and the employee does not have to prove the employer’s negligence or the lack of his or her own negligence in order to collect benefits.

Q: Can a worker sue someone other than the employer if another party is even partially at fault?

A: Injured employees can sue negligent third parties in common law civil suits if they are the cause of the accidental injury. An example would be an accident involving a trucker whose work truck is hit by an automobile. The trucker would have a workers’ compensation claim against his employer's insurance carrier and a third party negligence suit against the automobile driver.

Q: Does my employer have any control over what the insurance company will approve or pay for relating to my injury?

A: Usually the insurance carrier has discretion over claims handling. At settlement time, some workers’ compensation policies require that the employer be contacted for input on settlement offers.

Q: What, if any, difference exists between short-term disability insurance my company offers and workers' compensation?

A: Short-term disability benefits pay for non-occupational conditions such as sickness. Workers’ compensation benefits are for occupational conditions.

Q: What, if any, difference exists between long-term disability insurance and workers' compensation?

A: Long-term disability benefits pay for non-occupational conditions. Workers’ compensation benefits are for occupational benefits.

Q: I was injured at work. What should be my first step?

A: Notify your employer of the facts surrounding the accident. Seek appropriate medical care. Contact the workers’ compensation carrier, advising them of the claim. Depending on the severity of the injury, you may well need legal counsel to obtain the benefits that you may be entitled to recover.

Q: Are all injuries at work covered?

A: Injuries which arise out of and are in the course of an employees' work are covered by the state workers’ compensation act. The injury must be causally connected to the employment.

Q: What if I return to work, but I can't do the job because of the pain?

A: You should see your doctor and have him modify your work as needed. You should take the work order to your employer and have him make the necessary changes.

Q: What if my job is only partially the cause of my injury? How much will workers compensation pay?

A: If your job is the prime cause of your inability to work, you should receive benefits. Employers take employees as they find them when hired. So if an injury at your job aggravates or accelerates your condition, the workers’ compensation carrier is usually liable.

Q: Are injuries which appear gradually over time, or occupational diseases, covered?

A: Yes. These are usually repetitive motion injuries such as carpal tunnel syndrome. The law allows compensation for injuries that manifest themselves over time. Medical verification is needed to connect the work performed to the complained of condition. Occupational diseases are also covered under most states’ compensation acts.