Workers' compensation statutes provide defined benefits for work-related injuries without regard to fault. Employees receive medical treatment, wage replacement, and permanent disability benefits, while surrendering the right to sue the employer in tort.
Each state administers its own system, typically through an administrative agency rather than the courts.
Alternative Names:
Workers Comp, Workmen's Compensation
Why it Matters?
The bargain is the defining feature: benefits are certain but capped, and no pain and suffering damages are available. That drives claimant strategy toward third-party actions against equipment manufacturers, contractors, and property owners, where tort damages are recoverable. For defense teams the two systems intersect constantly, since the compensation carrier holds a lien on any third-party recovery.
Frequently Confused with
Related terms
Frequently asked questions
Are pain and suffering damages available?
Can an injured worker ever sue in tort?
