Workers' compensation
Also known as: workers' comp, workman's compensation
Workers' compensation is insurance, mandated by nearly every state, that pays medical expenses, lost wages, rehabilitation costs, and death benefits for employees injured on the job, regardless of who was at fault.
Workers' compensation is a system of employer-provided insurance, required by state law in every state except Texas — where coverage is elective for most private employers — that covers employees who are injured or become ill in the course of their employment. It is a no-fault system: the injured worker does not have to prove the employer was negligent, and the worker's own carelessness generally does not bar recovery.
Benefits fall into four main categories: medical expenses (typically unlimited and not subject to a deductible), disability income to replace a portion of lost wages, rehabilitation costs to help the worker return to employment, and death benefits paid to a deceased worker's dependents. Benefit amounts and waiting periods are set by each state's statute rather than negotiated in the policy.
The tradeoff at the heart of the system is the exclusive remedy doctrine: in exchange for guaranteed no-fault benefits, employees generally give up the right to sue their employer for workplace injuries. Employers buy a workers' compensation policy (or qualify as self-insurers) to fund these statutory benefits; the standard policy also includes employers liability coverage for the rare suits that fall outside the statute. Workers' compensation is excluded from general liability policies and businessowners policies, which is why it must be purchased separately.
Workers' compensation appears on casualty and property & casualty insurance licensing exams, which test the no-fault principle, the four benefit categories, and its relationship to other commercial coverage. It also appears on the CCMA exam, where medical assistants must understand how workers' compensation claims are billed separately from a patient's regular health insurance.
Key takeaways
- Workers' compensation is no-fault coverage for job-related injuries and illnesses, mandated by nearly every state.
- Benefits include medical expenses, disability income, rehabilitation, and death benefits, with amounts set by state law.
- Under the exclusive remedy doctrine, employees receiving benefits generally cannot sue their employer for the injury.
- Workers' compensation is excluded from CGL and businessowners policies and must be purchased as separate coverage.
- Casualty licensing exams test the benefit categories and no-fault principle, while the CCMA exam covers billing workers' comp claims.
