What Workers' Comp Covers and What It Doesn't

Workers Comp 101

Workers' compensation insurance is a crucial safety net for employees who suffer work-related injuries or illnesses. However, there are often misconceptions about what is and isn't covered by this type of insurance. In this blog post, we'll break down the essentials of workers' compensation coverage, shedding light on what you can expect if an employee is injured on the job.

What Workers' Comp Typically Covers:

  • Medical Expenses: This includes all reasonable and necessary medical treatment related to a work-related injury or illness, such as doctor visits, hospital stays, surgeries, medications, physical therapy, and medical equipment.
  • Wage Replacement: If a work related injury or illness prevents the employee from working, workers' comp can provide partial wage replacement during the recovery period. The amount  typically depends on the employee’s average weekly wage and the extent of disability.
  • Death Benefits: In the unfortunate event that a work-related injury or illness results in death, workers' compensation may provide death benefits to the deceased worker's dependents.

What Workers' Comp Generally Doesn't Cover:

  • Pain and Suffering: Unlike personal injury lawsuits, workers' comp typically does not compensate for pain and suffering or emotional distress caused by a work related injury or illness.
  • Punitive Damages: Workers' comp is a no-fault system, meaning an employee doesn't have to prove employer negligence to receive benefits. As a result, punitive damages (designed to punish the employer) are not typically available under workers' compensation.
  • Injuries Outside of Work: Injuries or illnesses that occur outside the scope of employment are generally not covered by workers' compensation. For example, if a worker gets into a car accident on the way to work, it likely wouldn't be covered.
  • Self-Inflicted Injuries: Injuries intentionally inflicted are generally not compensable under workers' compensation.
  • Injuries Due to Intoxication: If an injury or illness was caused by intoxication at work, the employee may not be eligible for workers' compensation benefits, or may receive reduced benefits.

Important Considerations:

It's crucial that employees report any work-related injury or illness to their employer promptly, as this is often a requirement for receiving workers' comp benefits. Additionally, the specific coverage and benefits under workers' compensation can vary depending on the state in which you work.

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Frequently Asked Questions

Find answers to commonly asked questions about workers’ compensation.

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What is workers' compensation?
Workers’ compensation is a form of insurance that benefits employers and employees in the case of a work-related injury or illness.
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Who is required to carry workers’ comp?
Workers’ compensation laws vary by state, so it’s important to know your state’s requirements. In many states, workers’ compensation is required for employers with one or more employees.
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What benefits are available?
Workers’ compensation can include medical care, lost wages and death benefits. Workers' compensation coverage may also safeguard businesses from legal action if an employee experiences a work-related injury or illness.
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Who pays for workers’ comp?
The employer is responsible for purchasing and maintaining workers’ compensation coverage.
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How much does workers’ compensation insurance cost?
Workers’ compensation premiums are based on factors such as payroll, industry and claims history, so premiums vary between businesses.