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Workers’ Comp: What to do When Your Insurance Falls Short

Workers’ Compensation is an insurance for employees who receive job-related injuries or disabilities. Every state requires employers to buy workers’ compensation insurance for their employees. Each state has its own statutes and laws for workers’ compensation. The following information will help you understand workers’ compensation insurance:

Purpose of Workers’ Compensation Insurance

Workers’ compensation insurance provides benefits to help employees recover from on-the-job injuries. Workers’ compensation will cover the expenses regardless of who is at fault for the injuries. In return, employees cannot sue their employers or co-workers.

Statutes of Limitations for Workers’ Compensation

Statutes of Limitations state the time limits for filing a workers’ compensation claim. Each state has its own laws on cut-off dates for filing claims. Also, every state has its own deadline for employees to notify employers of job injuries.

Employer Duties for Workers’ Compensation

Employers aer required to provide workers’ compensation for all their employees, except in the state of Texas. There are penalties for failing to provide this insurance. These penalties include fines, criminal prosecution, liabilities for injuries, and employee lawsuits. Here are some extra duties of the employer:

• Post a notice of workers’ compensation laws at workplace
• Provide emergency medical treatment
• Complete reports of injuries of employees
• Answer requests for information about injuries of employees

Workers not Covered by Workers’ Compensation

Workers’ compensation covers the majority of employees. The federal government covers their employees under the federal workers’ compensation insurance. Workers’ compensation does not cover the following workers:

• Independent contractors
• Volunteers
• Private home employees
• Maritime employees
• Railroad employees
• Farm employees
• Business owners

Injuries Covered by Workers’ Compensation

Workers’ compensation does protect employers from employee lawsuits for injuries. However, employees may still sue other companies. These companies provide machinery and products used on the job. Workers’ compensation does cover the following injuries:

• Preexisting conditions from workplace injuries
• Injuries occurring during company activities, lunch, or breaks
• Exposure to toxins
• Physical and mental strain injuries

Steps to Take if You Have an Injury

If you have an on-the-job injury, fill out an injury report. You should keep a copy of the report. You need to complete a claim form for your protection as soon as possible. You should also find workers’ compensation attorneys such as Hoffmans Injury Lawyers. They will be able to help you with workers’ compensation requirements.

Workers’ compensation provides benefits for workers with on-the-job injuries. Each state has its own statutes of limitations about reporting injuries and filing claims. Furthermore, you should contact a workers’ compensation lawyer to protect your rights.

About the Author: Lizzie Weakley is a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. In her free time, she enjoys the outdoors and long walks in the park with her husky Snowball. You can find her on Twitter at @LizzieWeakley and on Facebook at

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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