Workers' compensation insurance, or workers' comp, provides medical care and wage replacement benefits to employees who are injured or become ill on the job. It is a legally required coverage for most employers and protects businesses from lawsuits related to workplace injuries.
How workers' compensation works
The workers' comp system is "no-fault," meaning benefits are paid regardless of who was at fault for the injury. The process generally follows these steps:
- Employer pays premiums: The employer pays premiums to an insurance provider, which can be a private company or a state fund.
- Employee reports injury: After a work-related injury or illness, the employee must report it to their supervisor within the timeframe required by state law.
- Employer files a claim: The employer files a claim with the insurance company, which then determines if the claim is valid.
- Benefits are paid: If the claim is accepted, the insurance provider pays the employee for covered expenses and lost wages.
What workers' compensation covers
Workers' comp insurance typically covers the following benefits for employees who experience a work-related illness or injury:
- Medical expenses: Covers costs for doctor visits, hospital stays, surgery, medications, and physical therapy.
- Lost wages: Replaces a portion of the employee's regular wages if they need time off to recover.
- Rehabilitation: Pays for physical or occupational therapy needed to return to work.
- Disability benefits: Provides short- or long-term benefits if the injury or illness causes a disability.
- Death benefits: Offers financial support and funeral expenses to the employee's family in the event of a fatality.
What is not covered
Certain incidents are not covered by workers' compensation, including:
- Injuries that occurred outside of work
- Injuries from fighting or self-inflicted harm
- Injuries sustained while an employee was intoxicated or using illegal substances
Who needs workers' comp
Workers' compensation laws vary significantly by state, but most businesses with employees are required to carry coverage.
- Employer requirements: The number of employees that triggers a coverage requirement can differ. In California, for example, coverage is mandatory for businesses with just one employee.
- Exclusions: Sole proprietors and partners who don't have employees may not be required to carry insurance, but purchasing it is often recommended for personal protection.
- Independent contractors: In some states, independent contractors are not covered by an employer's workers' comp policy.
- Penalties for non-compliance: Not carrying the legally required coverage can result in significant fines and other penalties.
How to get workers' comp insurance
Depending on your state, you can obtain coverage through different options:
- Private insurance carriers: In most states, employers can purchase a policy from a licensed, private insurance company.
- State-funded programs: Some states offer a workers' compensation fund that businesses can use to get coverage.
- Monopolistic states: Four states—North Dakota, Ohio, Washington, and Wyoming—are "monopolistic" and require businesses to purchase coverage directly from the state fund.
- Self-insurance: Large, financially stable businesses may be permitted to self-insure if they meet certain legal requirements.
Cost of workers' compensation
The cost of a workers' comp policy is based on several factors, including:
- Risk level of the industry: Rates are higher for riskier jobs, such as construction, than for low-risk jobs like office work.
- Payroll size: Total payroll is used to calculate the premium.
- Claims history: A business's safety record influences its premium rate.
- Location: Premiums vary significantly by state due to different regulations.