Workers' Compensation

Workers' compensation laws provide no-fault coverage to employees for work-related injuries and occupational diseases. Because workers' compensation laws are state administered, benefits and procedures vary among the 50 states. Modern workers' compensation laws typically allow employees to receive compensation for their injuries without protracted litigation, although administrative appeals are common. Workers' compensation laws provide the exclusive remedy for covered employees. Such employees may not file independent tort actions against their employers seeking damages for compensable injuries or diseases.

Typically, an employee is entitled to workers' compensation benefits if, while carrying out activities for the benefit of his or her employer, he or she suffers an accidental injury, a traumatic incident, or an occupational disease. An accident usually includes circumstances such as a slip, trip, or fall. To be covered, an injury must arise out of and in the course of the employment. Common compensable injuries include back injuries, repetitive stress injuries, reactions to toxic substances, and traumatic injuries. Covered occupational diseases usually include asbestosis, silicosis, mesothelioma, and hearing loss. Although workers' compensation laws are wide-reaching, they typically exclude from coverage independent contractors and employees of very small employers. They also typically exclude from compensability self-inflicted wounds and injuries stemming from horseplay, crimes, and commuting to and from work. Workers' compensation benefits usually include lost-time benefits for temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability. They also include reasonable medical expenses and death benefits.