Frequently asked questions about workers' compensation.

What's Below:

What is workers' compensation?
Who pays workers' compensation benefits?
Are all on-the-job injuries covered by workers' compensation?
Does workers' compensation cover only injuries or does it also cover long-term problems and illnesses?
Do I have to be injured at my workplace to be covered by workers' compensation?
What kind of benefits will I receive?
Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?
If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?
Can I ever sue my employer in court over a work-related injury?
What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?

What is workers' compensation?

Workers' compensation is a state-mandated insurance program that provides compensation to employees who suffer job-related injuries and illnesses. While the federal government administers a workers' comp program for federal and certain other types of employees, each state has its own laws and programs for workers' compensation. For up-to-date information on workers' comp in your state, contact your state's workers' compensation office. (You can find links to the appropriate office in your state on the State Workers' Compensation Officials page of the U.S. Department of Labor's website.)

In general, an employee with a work-related illness or injury can get workers' compensation benefits regardless of who was at fault -- the employee, the employer, a coworker, a customer, or some other third party. In exchange for these guaranteed benefits, employees usually do not have the right to sue the employer in court for damages for those injuries.

Who pays workers' compensation benefits?

In most states, employers are required to purchase insurance for their employees from a workers' compensation insurance company (also called an insurance carrier). In some states, however, very small companies (with fewer than three or four employees) are not required to carry workers' compensation insurance. In some states, larger companies that are clearly financially stable are allowed to act as their own workers' compensation insurance companies (also called self-insuring).

When a worker is injured, his or her claim is filed with the insurance company or self-insuring employer, which pays medical and disability benefits according to a state-approved formula.

Are all on-the-job injuries covered by workers' compensation?

Workers' compensation covers most, but not all, on-the-job injuries. The workers' compensation system is designed to provide benefits to injured workers, even if an injury is caused by the employer's or employee's carelessness. But there are some limits. Generally, injuries that happen because an employee is intoxicated or using illegal drugs are not covered by workers' compensation. Coverage may also be denied in situations involving:

• self-inflicted injuries (including those caused by a person who starts a fight)
• injuries suffered while a worker was committing a serious crime
• injuries suffered while an employee was not on the job, and
• injuries suffered when an employee's conduct violated company policy.

Does workers' compensation cover only injuries or does it also cover long-term problems and illnesses?

Your injury need not be caused by an accident -- such as a fall from a ladder -- to be covered by workers' compensation. Many workers receive compensation for injuries that are caused by overuse or misuse over a long period of time -- for example, repetitive stress injuries such as carpal tunnel syndrome or back problems. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions -- for example, heart conditions, lung disease, and stress-related digestive problems.