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Worker Compensation Law

  Overview   Undocumented Workers  

Worker compensation is a state-mandated insurance program that provides compensation to employees who suffer job-related injuries. An injured employee gets the benefits regardless of who was at fault -- the employee, the employer, a co-worker, a customer or some other third party. In exchange for these guaranteed benefits, the employees usually do not have the right to sue the employer in court for damages for the injuries.

Benefits:

The workers' compensation system provides replacement income, medical expenses and sometimes vocational rehabilitation benefits -- that is, on the job training, schooling or job placement assistance. The benefits paid through workers' compensation, however, are almost always relatively modest. If you become temporarily unable to work, you'll usually receive two-thirds of your average wage up to a fixed ceiling. But because these payments are tax-free, if you received decent wages prior to your injury, you'll fare reasonably well in most states. You will be eligible for these wage-loss replacement benefits as soon as you've lost a few days of work because of an injury or illness that is covered by workers' compensation.

If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be eligible to receive long-term or lump-sum benefits. The amount of the payment will depend on the nature and extent of your injuries. If you anticipate a permanent work disability, contact your local Workers' Compensation office as soon as possible; these benefits are rather complex and may take a while to process.

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