Worker’s compensation is a form of insurance providing wage replacement and medical benefits to employees injured at their place of employment.
Worker’s compensation is paid to the employee and in return, the employee relinquishes their right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as a compensation agreement or bargain. One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards.
In most cases, the insurance company will first do an extensive evaluation of your claim and decide if you qualify. Some states review initial workers compensation claims through their respective workers compensation review boards and make a determination.
Not all states review initial worker’s compensation claims however, many only require the worker’s compensation review board to engage in disputed claims. If a claim has been denied by an insurance company the injured worker can file an appeal. It is usually the workers compensation review board that mediates and ultimately makes a determination regarding the case.