What is workers’ compensation? is it a state-mandated insurance program?
What is workers’ compensation? is it a state-mandated insurance program? Workers’ Compensation is a state-mandated insurance program that provides compensation to employees who suffer work-related injuries and illnesses. Although the federal government administers a workers’ compensation program for federal employees and other types of employees, each state has its own laws and programs for workers’ compensation.
Benefits include paid medical expenses and compensation for lost wages until a worker is able to return to work. These benefits are generally paid for by the employer’s private insurance company, the State Workers’ Insurance Fund, or the employer itself if self-insured.
In general, an employee with a work-related injury or illness can obtain workers’ compensation benefits regardless of who was at fault, be it the employee, the employer, a customer, or a third party.
Are all on-the-job injuries covered by workers’ compensation?
Workers’ compensation covers most, but not all, injuries on the job. The workers’ compensation system is designed to provide benefits to injured workers no matter the circumstance. In general, injuries that occur because an employee is intoxicated or uses illegal drugs are not covered by workers’ compensation. Coverage may also be denied in situations involving:
- Self-inflicted injuries (including those caused by a person starting a fight)
- Injuries sustained while a worker was committing a crime.
- Injuries sustained while an employee was not at work
Does workers’ compensation cover long-term problems?
Your injury does not need to be caused by an accident (such as a slip and fall) to be covered by workers’ compensation. Many workers receive compensation for injuries caused by overuse or misuse over time (for example, repetitive stress injuries resulting from excessive sitting or computer work).
You can also be compensated for some illnesses and diseases that are the gradual result of work conditions, such as heart conditions, lung diseases, and stress-related problems.
Can I still sue my employer for my injury?
Employees cannot sue their employers for work-related injury. When the Pennsylvania Workers’ Compensation Act was enacted in 1915, Pennsylvanians gave up the constitutional right to sue for damages after a work injury. In return, they were guaranteed payment of lost wages and medical expenses. Meanwhile, their employers were relieved of the ramifications of the different settlement amounts.
Are there any circumstances under which I could not receive workers’ compensation?
In general, if you are injured on your way to work or on your way home, you are not covered by the Workers’ Compensation Law. However, if your job requires you to travel, you don’t have a fixed place of employment, or you have a contract that covers you traveling to and from work, you may be covered.
