Frequently Asked Questions about Workers' Compensation

Do I have to be injured at my workplace to be covered by workers' compensation?

No. As long as your injury is job-related, it's covered. For example, you'll be covered if you are injured while traveling on business, doing a work-related errand or even attending a required business-related social function.

If I receive workers' compensation, can I also sue my employer in court?

Generally, no. The workers' compensation system was established as part of a legal trade-off. In exchange for giving up the right to sue an employer in court, you get workers' compensation benefits no matter who was at fault. Before the workers' comp system was passed, if you went to court, you stood to recover a large amount of money, but only if you could prove the injury was caused by your employer.

Today, you may be able to sue in court if your injury was caused by someone other than your employer (a visitor or outside contractor, for example) or if it was caused by a defective product (such as a flaw in the construction of the workplace equipment).

What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?

In most states, it is a violation of the workers' compensation laws to discriminate against an employee for filing a workers' compensation claim. If this happens, immediately report it to your local workers' compensation office.