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Workers' Compensation Insurance

Workers' Compensation Eligibility and Benefits

 
 More of this Feature
• Part 2: File and Appeal a Workers' Compensation Claim
 
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Workers' Compensation Eligibility

In the U.S., if you injure yourself on the job or develop an employment-related illness, you are probably eligible to collect Workers' Compensation Insurance. The same goes if you're the dependent of a family member who dies because of a job-related accident or illness.

The Federal Employees' Compensation Act covers only Federal government workers, but it sets the standards and most states follow suit. Typically, states require private-sector and state-government employers to carry Workers' Compensation Insurance. However, state law might exempt some employees and employers, such as farm and domestic workers, independent contractors, and small businesses.

Workers' Compensation Benefits

Below is a summary of Workers' Compensation Insurance benefits under the Federal Employees' Compensation Act.

  • Medical expenses incurred because of the disability
  • Two-thirds of normal salary
  • Job retraining
  • Compensation for survivors of employees who died on the job

If your disability is permanent or you have dependents, you might receive more than two-thirds of your salary. Benefits are awarded under the Act only for disability or death occurring while performing employee duties. Injury or death that is willful or caused by intoxication (drugs or alcohol) are not covered.

There's a catch, too. You might not be allowed to litigate other damages, because state laws might limit your employer's and coworkers' liability if you collect Workers' Compensation Insurance first. See an attorney about that.

If you injured yourself off the job, instead of Workers' Compensation Insurance, you might be eligible for a different disability insurance program administered by your state. Typically, the claims for this disability insurance are handled by a division of the same state agency that handles unemployment insurance claims. The Social Security Administration also offers disability insurance.

Next page > File and Appeal a Workers' Compensation Claim
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