Who Is Covered by Workers’ Compensation Laws?

Workers compensation coverage varies from state to state.  In some states, employees who work in certain fields may be exempt from their state’s workers compensation system.  These employees may include agricultural workers, domestic workers and independent contractors.  If you are unsure if you are entitled to workers’ compensation benefits, you should contact a lawyer in your area who is experienced in workers’ compensation cases. 

Remember that even if you aren’t entitled to workers’ compensation benefits, you may be able to sue your employer or a third party for compensation for your injuries.

What Is the Difference Between Workers’ Compensation Benefit Claims and Civil Lawsuits?

Workers’ compensation is a substitute for a lawsuit against your employer.  When you bring a workers’ compensation claim, the claim is controlled by the workers’ compensation system and not the courts.  Because you are bringing a claim under the workers’ compensation system, you are entitled to benefits, no matter if your accident was your fault or your employer’s fault.  Before the workers’ compensation system was created, employees had to go to court to receive compensation for their work-related injuries.  However, the current workers’ compensation system allows most employees to receive benefits.  In addition, this system shields employers from lawsuits brought by employees.

Bear in mind that even if you file a claim in the workers’ compensation system you make still be able to file a lawsuit in the court system as well.  You may be able to bring a lawsuit as well, but only if your injury was caused by someone other than your employer or by a faulty product or defective piece of equipment.  An experienced workers’ compensation lawyer will be able to help get the compensation to which you are entitled, whether it is through the workers’ compensation system or through the court system.