Getting injured on the job can be devastating – both physically and financially. Workers in the United States have important legal rights when they are injured at work, but the system is more complex than many people realize.

Workers’ Compensation: Your Primary Remedy

In most states, workers’ compensation (often called “workers’ comp”) is the primary legal remedy for workplace injuries. Workers’ comp is a state-mandated insurance system that requires most employers to carry coverage for work-related injuries and illnesses.

If you are injured at work, workers’ comp typically provides: payment of all medical bills related to your work injury; a portion of your lost wages (usually around 2/3 of your average weekly wage) if you cannot work; vocational rehabilitation if you cannot return to your previous job; and a lump sum payment if you have a permanent disability.

The Trade-Off

Workers’ comp is a no-fault system – you can collect benefits regardless of whether anyone was negligent, including yourself. In exchange for this guarantee, workers’ comp generally prevents you from suing your employer in civil court. This is called the “exclusive remedy” rule.

When You Can Sue Beyond Workers’ Comp

The exclusive remedy rule has important exceptions. You may be able to file a personal injury lawsuit against:

Third parties: If someone other than your employer contributed to your accident, you may be able to sue them directly. Common examples include manufacturers of defective machinery or equipment; contractors or subcontractors on a job site; drivers who caused a vehicle accident while you were working; and property owners where you were working.

Employers without coverage: In most states, employers who fail to carry required workers’ comp insurance lose their immunity from personal injury lawsuits.

Intentional employer conduct: Some states allow lawsuits against employers who intentionally caused the injury.

Steps to Take After a Workplace Injury

Report the injury to your employer immediately – most states have strict deadlines, sometimes as short as 30 days; seek medical attention and keep all records; file a workers’ comp claim; and consult a personal injury attorney to identify whether any third-party claims exist.