What is workers compensation?
Workers compensation is a system that has been implemented in most states in the United States. It takes the place of any lawsuit against an employer. If someone is injured while they are on the job, some states do not allow the injured worker to sue the employer. Instead they can file a claim through worker’s compensation. It varies state by state.
When you are working at the time you suffer an injury, you are may be entitled to be get some compensation for missing work, and have some of your medical bills paid for.
Each state has different rules about the following:
- Calculations about payments for time off work
- Calculations for paying for medical treatment that arises out of the work injury
- Immunity for employers from being sued
- Third party actions and subrogation
- Procedural directives
- How a worker’s compensation claim can be filed
Some things to watch out for:
If there is a semi-truck accident while you are on the job, you can have BOTH a claim for worker’s compensation (your employer will pay for your medical bills and give you some payments for time off work) and a personal injury claim against the semi-truck or vehicle that caused the accident. However this depends on the state you are in.
This is common, but often very confusing. What this means is that you can bring a claim against the driver who caused the accident, even though you already have a workers compensation claim. There are state by state rules, and the best course of action is to find a lawyer that specializes in semi-truck accidents and discuss the state based rules of workers compensation, to see if it is worth bringing an injury case in addition to your worker’s compensation case.