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Who Is Covered by Workers'      Compensation Laws? Workers compensation coverage varies from state to state. In some states, employees who work in certain fields may be exempt from their state's workers compensation system. These employees may include agricultural workers, domestic workers and independent contractors. If you are unsure if you are entitled to workers' compensation benefits, you should contact a lawyer in your area who is experienced in workers' compensation cases. Remember that even if you aren't entitled to workers' compensation benefits, you may be able to sue your employer or a third party for compensation for your injuries. What Is the Difference Between Workers' Compensation Benefit Claims and Civil Lawsuits? Workers' compensation is a substitute for a lawsuit against your employer. When you bring a workers' compensation claim, the claim is controlled by the workers' compensation system and not the courts. Because you are bringing a claim under the workers' compensation system, you are entitled to benefits, no matter if your accident was your fault or your employer's fault.

Before the workers' compensation system was created, employees had to go to court to receive compensation for their work-related injuries. However, the current workers' compensation system allows most employees to receive benefits. In addition, this system shields employers from lawsuits brought by employees.
Bear in mind that even if you file a claim in the workers' compensation system you make still be able to file a lawsuit in the court system as well. You may be able to bring a lawsuit as well, but only if your injury was caused by someone other than your employer or by a faulty product or defective piece of equipment. An experienced workers' compensation lawyer will be able to help get the compensation to which you are entitled, whether it is through the workers' compensation system or through the court system.

How to Protect Your Rights

If you have been injured while at work or on the job, the best way to protect your rights is to contact an experienced workers' compensation or personal injury lawyer. A lawyer will be able to help file a workers' compensation claim. A lawyer will also be able to determine if you should file a lawsuit in addition to or instead of a workers' compensation claim.

Additionally, a lawyer will be able to determine other types of compensation to which you may be entitled. For example, if someone other than your employer or a co-worker was at least partly to blame for your injury, you may be able to file a liability insurance claim against that person or business.
If your accident isn't covered by the workers' compensation system (for example, if your employer doesn't have workers' compensation insurance or if you are an independent contractor), a lawyer will be able to help you determine people or businesses against whom you may be able to file a lawsuit. This type of lawsuit would be covered under the laws of personal injuries. Under personal injury law, you may be able to receive compensation for expenses that wouldn't be covered under the workers' compensation system, such as attorney's fees as well as pain and suffering.

Categories of Injuries Covered by Workers' Compensation

You may be eligible for workers' compensation benefits for a work-related injury that fits into one of the categories below:

" Pre-existing Conditions - These types of injuries are unrelated injuries that you     already had, which are aggravated or exacerbated by your workplace. One     example is a back injury, even if you don't notice the pain caused by the injury     until later.

" Injuries on-the-job - This category includes injuries caused by your company's     facilities (such as a chair in the company break room). Injuries during work time     also include those that occur during coffee breaks, on your lunch break, and     during work-sponsored activities (for example, a company picnic).

" Exposure to Toxins - This class includes injuries that results from exposure to     toxins in chemicals from normal working conditions. An example of this type of     injury is lung cancer, if you can show that it was caused by exposure to those
    on-the-job toxins.

" Physical and Mental Strain - This category includes physical and mental strain     that is a result of increased work duties or work-related stress. In some states, a     disabling mental condition that is a direct result of work demands or constant     harassment from a supervisor may also be included in this category.

However, there are some injuries that aren't covered by workers' compensation. The injuries that aren't covered may vary from state to state. In some states, an employee can be compensated for an injury that he or she received while joking around at work. In some states, an employee would not be eligible for compensation for such an injury. Many states will not compensate an employee who is intoxicated when he or she is injured. Some states also bar employees who intentionally injury themselves from receiving compensation. Additionally, an employee generally won't be compensated for injuries received while traveling to or from work. However, there are exceptions under which an employee will be eligible for compensation for work-related travel injuries. These exceptions include: when the employer has agreed to provide transportation for the employee, when the employer pays the employee's costs for commuting, or if traveling is required as a part of the employee's job.

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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