What Is Workers' Compensation?

Workers' compensation is insurance that pays medical care and partial wage replacement to employees hurt or made ill by their jobs, generally without anyone having to prove who was at fault. Most private-sector and state and local government workers are covered by their state's workers' compensation system, and each state sets its own benefits, forms, and deadlines. Federal employees, longshore and harbor workers, and certain other groups are covered by federal programs run by the U.S. Department of Labor's Office of Workers' Compensation Programs (OWCP).

What the law says

• Workers at private companies or state and local government agencies who are injured on the job are directed to their state workers' compensation board. The U.S. Department of Labor's OWCP administers four federal programs: the Federal Employees' Compensation Program, the Longshore and Harbor Workers' Compensation Program, the Federal Black Lung Program, and the Energy Employees Occupational Illness Compensation Program. U.S. Department of Labor, Workers' Compensation
• The federal programs provide wage replacement benefits, medical treatment, vocational rehabilitation, and other benefits. U.S. Department of Labor, Workers' Compensation
• Example (California): you receive benefits no matter who was at fault for your job injury, and in most cases you can't sue your employer for a job injury. You may be covered as an employee even if you are called an "independent contractor." California Division of Workers' Compensation, Workers' Compensation in California: A Guidebook for Injured Workers, Chapter 1
• Example (California): employers are required by law to pay for workers' compensation benefits, which cover injuries from one event or from repeated exposures at work. Benefits include medical care, temporary disability, permanent disability, supplemental job displacement benefits (for injuries in 2004 or later), and death benefits. California Division of Workers' Compensation, Answers to Your Questions About Workers' Compensation (fact sheet, April 2024)
• Example (California): if your employer doesn't learn of the injury within 30 days and this prevents a full investigation, you could lose your right to benefits. Your employer must give or mail you a claim form within one working day after learning of your injury, and temporary disability generally pays two-thirds of the gross wages you lose while recovering. California Division of Workers' Compensation, DWC FAQs for employees
• Example (New York): give written notice to your employer as soon as possible, but within 30 days, and notify the Workers' Compensation Board of your injury or illness within two years, for example by filing an Employee Claim (Form C-3). Medical bills are paid by the employer or its insurer, and cash benefits begin if lost time exceeds seven days. New York State Workers' Compensation Board, Understanding the Claims Process
• Federal employees file workers' compensation claims under the Federal Employees' Compensation Act (FECA) through OWCP's online ECOMP portal and do not need approval from a supervisor or anyone else at their agency to start a claim. Form CA-1 is for a traumatic (single-event) injury; Form CA-2 is for an occupational disease from continued or repeated exposure at work. U.S. DOL OWCP, How to File a Workers' Compensation Claim if You Were Hurt on the Job (Federal Employees)
• Under FECA, a claim for compensation must be filed within 3 years of the date of injury, with certain exceptions decided during adjudication. U.S. DOL OWCP, Federal Employees' Compensation Act - Frequently Asked Questions
• The Longshore and Harbor Workers' Compensation Act covers employees in traditional maritime occupations such as longshore workers. Benefits are typically paid by the self-insured employer or a private insurance company on the employer's behalf, and temporary total disability is paid at two-thirds of the employee's average weekly wage, subject to annual minimums and maximums. U.S. DOL OWCP, Longshore and Harbor Workers' Compensation Act Frequently Asked Questions
• Under the Longshore Act, written notice of injury must be given to the employer within 30 days (Form LS-201), and a written claim should be filed with OWCP within one year after the date of injury (Form LS-203). U.S. DOL OWCP, Longshore and Harbor Workers' Compensation Act Frequently Asked Questions

Related

• Slipped and Fell at Work: Workers' Comp or a Lawsuit?
• Is Workers' Comp Taxable?
• Workers' Compensation by state

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.