Workers' Compensation: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

Workers' Compensation

State law governs most workers' compensation claims. These laws are aimed at protecting workers from injuries sustained on the job. Most states require every business to have some form of workers' compensation insurance to cover its employees. A workers' compensation claim is not considered a lawsuit but rather, is a claim for benefits from the employer. Usually, workers' compensation is the exclusive remedy for workers, unless the worker can point to a third party as a contributing factor in their injury, such as a manufacturer of equipment. There are several types of injuries for which a worker can recover. In some cases, even work-related stress may lead to a valid injury for which a worker can recover.


Recently in Workers' Compensation Category

With the prevalence of medical marijuana in the U.S. (23 states and counting), and with the variance of workers' compensation coverage from state-to-state, it's only natural to wonder whether your workers' comp covers medical marijuana. With the nation's pot laws seemingly changing by the day, it may be hard to keep track of what's legal and what's not.

We know we can't go to work stoned, but can we treat a work injury with legal weed? Let's take a look:

With Facebook, Twitter, and Instagram, we do not lack for forums to share all of our troubles and joys with the world. Got injured at work? Post it on Facebook or Twitter. The stream of well wishing comments and commiserations will make you feel better. Or will it?

People have been fired for discussing work online. Thirteen Virgin Atlantic crew members were fired for insulting passengers and criticizing the company's sanitation and safety standards on Facebook. A California Pizza Kitchen server was fired for criticizing the company's new uniforms on its corporate Twitter account. A young woman was fired for a twitter post before she even started working. Obviously, your actions on social media can get you in trouble at work.

So, should you think twice about discussing your workers' compensation claim on Facebook?

Workers' compensation programs are state specific. Each state has a different set of rules and requirements and grants different benefits.

So, what are the best and worst states for workers' compensation? It depends on what criteria you're looking at.

Nobody wants a back injury. It hurts! But, when a back injury prevents you from being able to do your job, the pain can be felt in your wallet as well as on your back.

Work related back injuries, also known as musculoskeletal disorders (MSD), account for one-third of all work related injuries and illnesses each year. The average cost of a back injury worker's comp claim can be as high as $80,000. This covers the cost of medical care and missed work.

So, can you get workers' compensation for a back injury?

When you're injured at work, you'll want to file for worker's compensation benefits as soon as possible. This is simple to do when you break an arm on the job or slip and fall on your way into the office. But what if you developed an ailment like carpel tunnel syndrome and aren't sure when it started?

When do you file for compensation then? What is the time limit for worker's comp, and when does the clock start ticking on your claim?

Generally, injuries that occur at work during work hours are covered by worker's compensation. But what about when you're commuting to work? Are you covered then?

Not usually. In most cases, the time spent commuting to and from work generally does not count as work, so injuries during that time are usually not considered work-related. This is called the portal-to-portal rule. Simple, right?

Not really. There are exceptions to this rule. Here are three situations in which injuries during commutes could potentially be covered by worker's comp:

If you've been injured on the job and thought about filing a worker's compensation claim, you may have worried about how that could affect your employment. Could your boss fire you for filing a worker's compensation claim?

The short answer is no: Most states make it illegal to retaliate against an employee who files a worker's comp claim. That said, there are a few ins and outs to be aware of when filing your claim.

Two new studies have shown a dramatic decrease in worker's compensation benefits over the last 10 years. And it appears that a system designed to compensate employees for serious on-the-job injuries is being whittled away.

A study by the Occupational Safety and Health Administration and joint investigation by ProPublica and NPR combine to paint a dire picture for those injured on the job -- a picture that may be getting worse.

It feels like arbitration has been coming up in the news more frequently lately, from NFL injury lawsuits to Sirius XM in your new car to Lance Armstrong. It's possible that you're subject to an arbitration clause and may not even know it.

So how can these clauses affect a potential injury claim? Here's a general overview:

How to Find the Right Worker's Comp Lawyer for You

If you need help with a worker's compensation claim or want to appeal a denial of worker's compensation benefits, then you may need a worker's comp attorney. But how do you find the right one for you?

Choosing the right attorney may have a profound impact on your ability to obtain worker's compensation benefits or other compensation. And there's likely to be a number of attorneys willing to take your case.

So which worker's comp lawyer should you hire, and where should you start looking for one? Here are a few tips you may want to consider: