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What You Need to Know About Workers Compensation

May 22, 2024

What Do You Need to Know About Workers Comp?

Workers' compensation is a type of insurance provided by law through employers that covers injuries and illness that are a direct effects of their job. When an employee makes a workers comp claim, they only receive compensation when the employer or insurance company determines if your illness or injury was a direct result of your work. However, if your claim is disputed, then you may not see compensation until a judge decides whether your claim is correct or not. But before submitting a workers comp claim, what else should you know about it?

Workers' Comp Provides Extensive Coverage

Workers' comp covers injuries, such as slip-and-fall or machinery accidents, and illnesses, such as breathing problems as a result of exposure to dangerous chemicals, and provides financial coverage for lost wages, medical expenses, and rehabilitation.  Most workers' comp policies also provide death benefits, in the event that the worker is killed on the job.

Workers Comp is a Trade Off for Legal Action

With a workers comp policy in place, employees are unable to take legal action for their injuries against the company they currently work for. In exchange for being unable to sue the company, the employee is able to collect the financial benefits and accommodations of workers comp. However, employees can take legal action if their claims involve their employer intentionally causing harm to employees or acting recklessly that resulted in the injury or illness.

Not All Employers Carry Workers' Compensation Insurance

While most states require businesses to carry a workers comp policy, Texas is an exception in that carrying workers comp insurance is optional. Workers comp is also not applicable for self-employed individuals, agriculture workers, and real estate workers, so it is important to know if your employer provides such coverage for you.

You Should Have All Applicable Information Prepared

When preparing to submit a workers' comp claim, you will want to make sure you have the following information prepared:

  • Company information including any account numbers, locations, etc.
  • Employee information including their name, date of birth, age, etc.
  • Incident details such as the date the incident happened, the type of injury or illness, witness accounts, etc.


The more details you are able to provide, the more likely your claim is to be accepted and the sooner you should receive the policy benefits.

If you believe you have a work-related injury case that needs to be legally addressed, or that you've been wrongfully denied workers' comp benefits, Quarantillo & Truex criminal law and personal injury lawyers are here for you. Our legal team serves Lockport, Buffalo, and Niagara Falls, NY. For more information or to schedule a consultation, contact us today.

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