ABA Family Legal Guide

Law and the Workplace

On the Job

Workers' Compensation

For a straight medical claim (assuming no disability), is filing a workers' compensation claim preferable to filing a medical insurance claim?

Yes. Generally, the employer will pay 100 percent of the medical bills incurred in a workers' compensation claim, while the employee frequently must pay a percentage of the medical bills if no workers' compensation claim is filed and the claim is treated as covered by a medical insurance plan.