Practical Law Glossary Item 9-503-8277 (Approx. 3 pages)
Glossary
Workers' Compensation
Compensation and benefits provided to employees for certain on-the-job injuries and occupational diseases. Workers' compensation benefits typically include some or all of the following:
Lost wages.
Medical expenses.
Disability benefits.
Lump-sum payments for permanent effects of an injury.
Vocational rehabilitation.
Death benefits.
Most states have enacted workers' compensation statutes requiring private employers to carry workers' compensation insurance. Some states exclude certain employers and workers from coverage (for example farm labor, domestic servants, and casual workers who earn less than a threshold amount). Independent contractors generally are not eligible for workers' compensation. For more information about independent contractors, see Practice Note, Independent Contractor Classification.
Most workers' compensation insurance is obtained from private insurers, although some states operate a state fund that employers can choose to use or permit employers to self-insure. A few states mandate sole use of the state insurance fund.
Workers' compensation generally is the employee's exclusive remedy against the employer for on-the-job injuries, with certain state law exceptions.
Most states prohibit employers from discriminating or retaliating against an employee for filing a workers' compensation claim or reporting a workplace injury. For more information about discrimination and retaliation, see Practice Notes, Discrimination: Overview and Retaliation.
The federal government also administers workers' compensation programs for certain employees under:
The Energy Employees Occupational Illness Compensation Program.
The Federal Employees' Compensation Program.
The Longshore and Harbor Workers' Compensation Program.