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About Workers' Compensation

Workers compensation covers job-related injuries and illnesses regardless of fault, including on-the-job accidents, repetitive stress injuries, and occupational illnesses. Most state systems are no-fault: you do not need to prove the employer did anything wrong to receive medical care and wage benefits. Workers comp is the exclusive remedy in most situations, but third-party claims (against a non-employer party who contributed) are sometimes available alongside the comp claim. Many states have strict reporting deadlines (days to weeks) and filing deadlines (1 to 3 years).

Common questions

Can I sue my employer for a workplace injury?

Usually not directly. Workers compensation is generally the exclusive remedy against the employer for workplace injuries, meaning you receive comp benefits instead of suing for damages. Important exceptions: intentional employer conduct, employers without required comp coverage, and third-party negligence (a contractor, equipment manufacturer, or vehicle driver) can sometimes support a separate civil claim that runs alongside the comp claim.

My claim was denied. What can I do?

Denials are common and many denials are reversible. Each state has an appeal process, typically involving a hearing before a workers-comp judge. Strict deadlines apply, often 30 to 90 days from the denial notice. An attorney can review the denial reasoning, gather supporting medical evidence, and represent you at hearing. Do not assume a denial is final.

How much does a workers-comp attorney cost?

Most workers-comp attorneys work on contingency, with fees capped by state law (often 10 to 25 percent of the recovery, sometimes lower for ongoing wage benefits). Many states require the comp judge to approve the fee. Initial consultations are typically free. If the claim is undisputed and benefits are flowing, you may not need an attorney at all; complications like denials, surveillance, IMEs, or permanent-disability ratings are common reasons to bring one in.

Can my employer fire me for filing a comp claim?

No, in almost every state. Firing or otherwise retaliating against an employee for filing a workers-comp claim is illegal and typically supports a separate retaliation claim with its own damages. Document the timeline carefully. If termination followed soon after the claim filing or report of injury, that timing is evidence.