Workplace Injury FAQ

Questions related to workplace injury cases

Q | I work for a very small company – just three people. Does my employer have to carry Workers’ Compensation insurance?
A | Every employer, no matter how big or small, is required to carry Workers’ Compensation insurance to cover injured employees.

Q | If I file a Workers’ Comp claim, am I suing my employer?
A | If you file a Workers’ Compensation claim, you aren’t filing a lawsuit against your employer; you are simply requesting benefits you are entitled to by law.

Q | What is my employer’s responsibility if I’m injured on the job?
A | If you’ve been hurt on the job, you are entitled to have all reasonable and necessary medical treatment paid for by your employer and its insurance company. Your employer and the insurance company are also responsible for paying your lost wages while you are out of work. In the case of a work-related death, your dependent survivors are entitled to receive death benefits.

Q | I’ve been unable to work for a while since I was injured. My employer is pressuring me to go back but my doctor says I’m not ready, even for “light duty”. What can I do?
A | Seek legal counsel. Although your employer cannot send you back to work until you are able to work, you will be at a disadvantage without expert legal counsel. An experienced Workers’ Comp attorney at ACA law can help protect your rights.

Q | My husband was severely injured at work while using a piece of equipment that was not working properly. I know he can’t sue his employer, but can he sue the manufacturer of the equipment?
A | If a worker is injured by machinery or by a product used at work, the worker may seek compensation from the manufacturer of the machinery or the product.

Q | As an independent contractor, I am not covered by Workers’ Compensation. What happens if I am injured while working for another company?
A | As an independent contractor, you may be entitled to bring a civil claim against the company you are working for. This would be similar to bringing a legal action against someone who caused you a personal injury. In this case, you may be able to recover compensation beyond what you would recover for Workers’ Compensation.

Q | The company I work for does not have Workers’ Compensation insurance. What recourse do I have if I am injured at work?
A | All businesses are required by law to carry Workers’ Compensation insurance. When they don’t, workers have the right to file a lawsuit against the company.


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