State By State Differences for Worker Injury Compensation

Worker injury compensation laws are multi-layered. Where and from whom you seek compensation for a work-related injury depends on the type of job and your employer. While federal workers compensation awards are governed nationwide by the same set of standards, state laws are different.

State Worker Compensation Laws

Each of the 50 U.S. states has slightly different worker’s compensation laws. These differences, however, typically take the form of the number of days of processing required or permitted to pass prior to a claim being adjudicated. It is virtually impossible to fully explain each state’s compensation laws succinctly. Therefore, the major similarities and differences are discussed below. State compensation laws are available on the Internet and should also be posted in places of employment, including state agencies.

Compensation Funds

If you are injured on the job and your employer is either a state or local government or agency or a private company, you will receive compensation from your state’s worker’s compensation fund. In states with this type of fund, employees receiving compensation from the fund are prevented from suing their employer for their injury.

Types of Compensation Rewards

Available compensation typically falls into one of three categories: temporary total disability, permanent partial disability or permanent total disability. The injury is placed into one of these categories and then awarded accordingly.

The Claims Procedure

The claims procedure is typically occurs in several steps and can take months to complete. Steps typically include seeing a physician for your injury, undergoing some type of treatment, filing claim paperwork with the state’s worker’s compensation agency, the agency reviewing the paperwork, and then granting or denying the claim. There is no guarantee that an employee will obtain compensation. If granted, an employee can recover past and future medical costs and lost wages. Relatives of an employee that died due to a workplace injury may also seek compensation.

California Worker Compensation Laws

California is the state most pointed to as having the best example of comprehensive worker’s compensation structure. Applicable to most employers, including the state and local government, the statute limits the liability of employers and coworkers in workplace accidents. The plan, furthermore, requires employers to obtain worker’s compensation insurance to protect employees. The state also operates a fund to compensate injured workers whose employers have failed to obtain the required insurance.

Worker’s Compensation Insurance Requirements

Most state’s worker compensation plans require employers to obtain insurance to compensate workers injured on the job, similar to the California requirement. Some states, such as Tennessee, permit governmental businesses to join together to create an insurance pool to fulfill insurance requirements. Other states provide insurance directly through the workers compensation agency for a fee. An employer that fails to abide by its state’s insurance requirements may be later sued for reimbursement to the worker’s compensation fund that made payment to the injured worker or for punishment.

Causation of Injury is Irrelevant

In most states the cause of the worker’s injury is irrelevant. Therefore, it does not matter if the accident was caused by the employer or another coworker or is attributable to no one in particular. Additionally, it is unimportant if the injured party was responsible for the injury. The only possible exception to this is if the worker acted with extreme negligence or recklessness in causing his injury. In this case, the amount of compensation may be reduced or denied.

Obtaining Legal Assistance

Because each state’s laws differ and because of the possibility of being denied worker’s compensation benefits, seek legal assistance with your worker’s compensation claim. Attorneys that work solely on worker’s compensation claims are located in most areas. Such an attorney will be able to assist you in filing your claim and obtaining compensation.

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