Liability and Workers Comp

Liability as it relates to workers' compensation law is the obligation of an employer to provide compensation or to be held "liable" if a worker is injured performing their job.
All fifty states, with the exception of Texas, South Dakota, and New Jersey, require employers to provide workers' compensation coverage to injured workers who are injured while performing their normal job responsibilities. In exchange for insurance coverage workers forfeit their right to additional compensation by filing a personal injury claim against their employer.

The liability of the employer includes payment for medical expenses for the duration of the injury, wage loss compensation, death benefits, and disfigurement benefits. Some states also provide vocational training to help injured workers return to some type of employment if they are not able to return to their previous job.

Unlike other personal injury cases, under workers' compensation laws an employer's liability is assumed regardless of whether or not the employer was negligent. Employers will pay immediate compensation to the injured worker and the worker will not be forced to file a personal injury claim or prove their case in court. In exchange for immediate benefits, workers are restricted from filing injury claims against their employer.

Injuries where the employer is not liable

Employers are not liable for every injury at work. An employer's liability may be terminated if the worker's injury was not sustained in the course of normal employment, if the worker was injured committing a serious crime, if the injury was self-inflicted, or if the worker was injured violating a clearly stated safety policy. Workers traveling to and from work also are not covered unless the travel is deemed a necessary part of their job (i.e. delivery driver).

Employer denies liability for your injury

There are many reasons your employer may deny your work comp claim: your injury was the result of a preexisting condition, they do not believe you were injured performing your job, you did not file your claim within the statute of limitations, or you did not complete the proper paperwork. If you have been denied work comp benefits it is time to seek legal help from a work comp lawyer.