Hurt at Work: How Workers' Compensation Works, First Steps, and What to Know About Hiring a Lawyer

What is Workers’ Compensation?

Workers’ compensation laws are designed to protect people who get hurt or become disabled while doing their jobs. (Source: Legal Information Institute (Cornell Law School)). These laws provide financial awards. They aim to avoid the need for lawsuits. They also offer benefits to family members of workers who die from work-related accidents or illnesses. Some laws also limit how much money an injured employee can get from an employer. (Source: Legal Information Institute (Cornell Law School))

The U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) manages four main disability programs. These programs are for federal workers or their families, and other specific groups. They help those injured at work or who get a work-related illness. The OWCP provides money to replace lost wages, medical treatment, job training, and other benefits. (Source: U.S. Department of Labor, Workers’ Compensation)

If you work for a private company or a state or local government agency and get hurt on the job, you should contact your state’s workers’ compensation board. The U.S. Department of Labor directs these individuals to their state boards. (Source: U.S. Department of Labor, Workers’ Compensation)

State laws create the framework for most workers’ compensation. This means the rules can be different from one state to another. Federal laws mainly apply to federal employees or workers in certain types of interstate commerce. (Source: Legal Information Institute (Cornell Law School))

Your Rights and First Steps After a Work Injury

Federal law gives you important rights when it comes to your job and safety. OSHA, the Occupational Safety and Health Administration, says you have the right to work in a safe place. You can also speak up about safety worries or report them without being punished or treated unfairly. You have the right to report an injury or illness you get at work. You can also get copies of your medical records related to your injury. Additionally, you can review records of work-related injuries and illnesses. (Source: Occupational Safety and Health Administration, Worker Rights and Protections)

If you are injured at work, your first steps often include gathering information and records. The U.S. Department of Labor publishes a directory of State Workers’ Compensation Officials. This directory lists the name and address of the workers’ compensation office for every state and territory. It also links to each office’s workers’ compensation webpage. (Source: U.S. Department of Labor, State Workers’ Compensation Officials)

Here are some practical steps you can take:

• Keep detailed records: Write down dates, names of people you talk to, and what was discussed. This includes doctors, your employer, and any workers’ compensation officials.
• Get copies of medical records: Ask for and keep copies of all medical records related to your work injury or illness. This includes doctor’s notes, test results, and bills.
• Keep copies of all documents: Make copies of any letters, forms, or other documents you send or receive about your workers’ compensation claim.

Understanding Workers’ Compensation Claims

Workers’ compensation laws aim to provide fixed monetary awards to injured workers. This is meant to remove the need for going to court. (Source: Legal Information Institute (Cornell Law School)). The specific benefits and how they are calculated can vary greatly. State statutes set the framework for most employment. This means the rules and benefits differ from state to state. (Source: Legal Information Institute (Cornell Law School))

For federal workers or specific groups, the U.S. Department of Labor’s OWCP programs offer wage replacement benefits, medical treatment, and vocational rehabilitation. They also provide other benefits. (Source: U.S. Department of Labor, Workers’ Compensation)

Hiring a Lawyer for a Workers’ Compensation Claim

If you are considering hiring a lawyer for your workers’ compensation claim, it is important to understand how lawyers are licensed. In the United States, rules for lawyer admissions, professional conduct, and discipline are set by each state or jurisdiction. A law license from one state does not automatically transfer to another state. To provide legal services in a certain state, a lawyer must be licensed by that state or otherwise authorized to practice there. (Source: National Conference of Bar Examiners, The Bar Examiner)

Many lawyers who handle workers’ compensation cases use a “contingent fee” agreement. This means the lawyer’s fee is a percentage of the money you receive if your case settles or you win at trial. The American Bar Association (ABA) Model Rule 1.5© describes what a contingent fee agreement shall include. Keep in mind that the ABA Model Rules of Professional Conduct serve as models, and each state adopts its own version of these rules, which can vary. (Source: American Bar Association, Model Rules of Professional Conduct)

According to ABA Model Rule 1.5©, a contingent fee agreement should be in writing and signed by you, the client. The agreement must clearly state how the fee will be figured out. This includes the percentage the lawyer will get if the case is settled, goes to trial, or is appealed. It also needs to explain how expenses will be taken out of the money you receive, and whether those expenses are deducted before or after the lawyer’s fee is calculated. The agreement must also tell you about any expenses you will owe, even if you do not win your case. Finally, after your case is over, the lawyer must give you a written statement showing the outcome. (Source: American Bar Association, Model Rules of Professional Conduct, Rule 1.5: Fees)

When to get legal help

Workers’ compensation laws can be complex and vary significantly by state. If you have been injured at work and have questions about your rights, benefits, or how to file a claim, you should talk to a licensed attorney in your state. An attorney licensed in your state can provide legal advice based on your specific situation and the laws that apply where you live. You can also reach out to a legal aid office in your area or your state’s bar association for guidance and resources.