Workers Compensation Laws

Decent Essays
Every state has workers compensation laws designed to compensate employees for work related injuries. In some states it may be called workman's compensation or workmen's compensation, but it is the same thing. While specific workers comp laws and systems vary from state to state, there are general principles applicable to all states. Here are 5 facts the everybody ought to know.

1. Not every employer is required to have workers compensation.

Every state has set a minimum number of employees that an employer has to have before the employer is required to have workers comp. The number may be one employee, but is usually 2 to 4 employees. Therefore, if you work in a very small business, your employer may not be required to have workers compensation.
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Most workers compensation lawyers will handle workers comp cases on a contingency fee basis.

Most states will not allow a lawyer to charge a worker/client a flat fee to handle a workers comp case. They require workers compensation lawyers to work on a contingency fee basis which means that the lawyer is paid a percentage of the amount he/she recovers for the worker/client. If the lawyer does not recover any compensation for the worker/client, then the lawyer is not paid.

5. Lawyer fees must be approved by the Workers Compensation Commission or Board.

Every state has a Workers Compensation Commission or Board. A state may call the commission or board a different name, but its purpose is the same - to settle disputes between the employer and employee that relate to an employee's injury. As part of settling disputes, the commission or board is also required to approve worker compensation lawyers fees. Normally the fee is either one quarter (25%) or one third (33 1/3%) of the compensation awarded to the injured employee.

This is general information only. If you have any questions whatsoever about workers compensation, talk with a lawyer licensed in your state. This article may be republished, but the wording must not be changed and the author links must remain

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