Workers Compensation - Frequently Asked Questions

Section 11. Workers Compensation - Frequently Asked Questions

Q.  Are independent contractors covered by workers compensation?

A.  Just because a worker is called an independent contractor doesn't mean that he/she is an independent contractor in the eyes of the law. Where there is a question of whether a worker is an independent contractor or employee, Courts look at how much control the employer has over the worker. If the employer tells the worker when and where to be, provides the tools, tells the worker how to do the work, and generally controls what happens, then a Court is more likely to determine that the worker is actually an employee and not an independent contractor.

Generally, independent contractors are not covered by workers compensation unless they have their own workers comp. However, there are cases where an independent contractor is deemed to be a statutory employee and will be covered by workmans compensation. The laws on this vary state to state.

Q.  Can employees sue their employer and claim workers comp?

A.  No! The sole remedy for a worker injured at work when the employer has workers compensation is workers compensation. This workers compensation law really isn't bad because the worker does not have to prove that the employer was at fault in any way. The worker only has to prove that he/she was injured in a work related accident or suffered a work related disease or medical condition.

If a worker believes that someone other than the employer is a fault, the worker can sue who he/she believes is at fault. For example, if a worker thinks that a fellow worker is at fault, the worker can sue the fellow worker. If a worker believes that he/she was hurt because of a faulty machine, the worker can sue the maker of the machine. In most cases, if a worker proves that a third party was at fault, workers comp will either be let off the hook or, if workers compensation has paid, it will be entitled to a reimbursement of what it has paid.

Q.  Do I have to be examined by a doctor chosen by my employer or its insurance company?

A.  Yes! Employers have the legal right to chose the doctor who will see you. If you refuse to be seen by the doctor or medical provider that your employer or its' insurance carrier has chosen, you will lose your workers compensation benefits.

In addition to the "company's" doctor, you can be seen by a doctor that you chose, but you will have to pay your own doctor yourself. In some states in some cases, you can seek to have workers comp pay your doctor when your doctor has performed medical services that have healed you.

Q.  What can I do if I disagree with the doctor that my employer or its insurance company sent me to?

A.  Right after your exam, write down notes of what was said and done in the exam. Don't trust your memory because you will forget some things (even important things). Next, get copies of the doctor's report and notes. If you find that there are differences from what your notes say or what you remember, talk with a workers compensation lawyer. You may need the lawyer's help.

If you disagree with a doctor's diagnosis or treatment plan, you can go to your own doctor, but you will have to pay your doctor yourself. In some cases in some states, if your doctor's treatment heals you, you can seek to have workers comp pay your doctor.

This ebook is for general information only and may or may not be applicable to your situation. If you have any questions whatsoever, talk with a lawyer licensed in your state.

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