12.8 State Workers' Compensation Programs
Workers' compensation (workers' comp) insurance provides injured workers with medical care expenses, disability income (a portion of lost wages), and rehabilitation benefits if injured in the workplace, no matter who is at fault. Under certain qualifying circumstances, workers' comp can even provide a lump sum benefit. However, under most laws, a disabled employee is paid benefits on a weekly or monthly basis rather than in a lump sum.
Employers can purchase workers' comp benefits through state programs, private insurers, or through self-insuring. The following is a list of standard coverages.
- If a worker is killed in an industrial accident, the law provides for payment of burial expenses (up to a limit) and compensation for the surviving spouse or other dependents of the worker at the time of death.
- Regardless of any negligence or due care, the employer is liable for employee work-related disabilities.
- Employees do not have the right to sue their employer for workers' comp benefits.
- Employers are wholly responsible for providing required benefits.
