Workplace Injury Claims: Workers' Compensation and Third-Party Lawsuits

Workers' compensation basics

Nearly every employer is required to carry workers' compensation insurance. In exchange for no-fault benefits (medical care, roughly two-thirds of lost wages, disability and death benefits), employees generally give up the right to sue their employer. Benefits, deadlines and procedures are set by each state's agency.

Third-party claims

When someone other than the employer caused the injury (a subcontractor, a property owner, a driver, an equipment manufacturer), the worker can file an ordinary personal injury lawsuit against that party while still collecting workers' comp. These claims pay for pain and suffering and full wage loss, and they are often where the real value lies in construction and vehicle-related work injuries.

Denials and retaliation

Claims are commonly denied for late reporting, disputes over whether the injury is work-related, or pre-existing conditions. Every state provides an appeal process. Firing or punishing a worker for filing a claim is illegal everywhere.

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Workplace Injury laws and local guides by state

State law sets the filing deadline, the fault rule and the insurance system that apply to a workplace injury claim. Choose your state for the specifics and for county and community pages.