Who is covered by workers’ compensation insurance?
Most types of employees are covered by workers’ compensation insurance. That said, states commonly exclude some workers from coverage, such as:
independent contractors
business owners
volunteers
employees of private homes
farmers and farmhands
maritime employees
railroad employees
casual workers
Because employees of the federal government are covered under the federal workers’ compensation insurance program, they are not covered by state workers’ comp. Some states do not enforce the workers’ compensation program on employers with fewer than 3 to 5 employees working for them. This varies from state to state.
Can I sue my employer for a work injury?
Yes. You may sure your employer for any reckless or intentional action of your employer that caused your injury. If you choose to do this, you will waive your right to workers’ compensation insurance. If you are successful, the court may award a broad range of damages, such as punitive damages, medical expenses, lost wages, pain and suffering, and mental anguish.
Can my employer fire me for or tell me not to file a workers’ compensation claim?
No. Most states prohibit this by law. If an employer does retaliate against an employee for filing a workers’ compensation claim, the employer should be reported immediately to the local workers’ compensation office.
If you have been injured and are receiving workman’s compensation, please do not hesitate to contact the Northland Injury Law firm for a free consultation at 816-400-4878. An attorney experienced in the field of worker’s compensation law will be ready to advise you of your options and counsel you through this difficult time.
