ABA Family Legal Guide

Law and the Workplace

On the Job

Workers' Compensation

What are workers' compensation laws?

Workers' compensation laws provide money to pay for medical expenses and to replace income lost as a result of injuries or illnesses that arise out of employment. The employee is not required to prove that the injuries were caused by some negligence of the employer in order to recover under the workers' compensation laws. Employees receive compensation even though their own negligence or that of a coworker caused the injury. These laws impose strict liability on employers for injuries suffered at the workplace. (For more on strict liability, see chapter 14, "Personal Injury.")

Each state has its own law providing workers' compensation benefits. While the dollar amounts recoverable and certain procedural or coverage details vary among the states, the general requirements of the laws are similar. There are separate federal workers' compensation laws covering federal government employees and employees of the railroad and maritime industries.