ABA Family Legal Guide

Law and the Workplace

On the Job

Workers' Compensation

What must a worker do to obtain compensation for a work-related injury?

If you are an employee injured at work, the first thing you should do is notify the employer as soon as possible after an injury occurs. Usually, the employer will have claim forms available for you to fill out. The employer then submits the documents to the insurance company and the state workers' compensation agency. If your employer does not have claim forms available, you should contact the state workers' compensation agency.

If the employer does not challenge a claim, the insurance company will pay your medical bills and wages. If the employer contests a claim, a hearing is scheduled and evidence relating to the circumstances of the injury and the extent of the injury is presented. The resulting decision as to whether, and how much, compensation is owed can be appealed by either the employer or the employee.

As a general rule, the only way you can be compensated by your employer for workplace injuries or illnesses is by filing a claim under workers' compensation. There are a few exceptions to the exclusivity rule, such as when an employer intentionally injures an employee. In that situation, you may sue in court to collect damages for the injuries suffered if you can prove that the employer was guilty of intentional wrongdoing. If you or your employer are not covered by the workers' compensation law, you can file a lawsuit to collect damages if you can prove that the injury was caused by the employer's negligence.