Qu'est-ce que Workers' Compensation ?

Workers' compensation is a state-administered insurance system that provides medical treatment coverage, partial wage replacement, and disability benefits to employees who are injured or become ill as a result of their work. In exchange for these guaranteed benefits, employees generally waive their right to sue the employer for negligence — a compromise known as the 'exclusive remedy' doctrine. This no-fault system means employees can receive benefits regardless of whether the employer or employee was at fault for the injury.

Most states require employers to carry workers' compensation insurance if they have at least one employee, though the threshold varies (some states allow sole proprietors to opt out, others require coverage for any number of employees). Coverage can be obtained through state-run funds, private insurance carriers, or self-insurance for large employers. Independent contractors are generally not covered, which is one reason worker misclassification creates workers' compensation liability — a contractor who is later found to be an employee can bring a claim.

Benefits typically include payment for all medical expenses related to the injury, temporary disability benefits (usually 60% to 70% of the employee's average weekly wage) while the worker is unable to work, permanent disability benefits if the injury results in lasting impairment, and death benefits for the worker's dependents. Employees must report injuries promptly, and employers have strict timelines for reporting injuries to their insurer and the state.