Your one-stop legal resource for workers' comp, workplace safety and personal injury information

Workers' Comp Benefit Limitations

Workers' compensation is a form of insurance available to employees in the event that they are injured on the job. Typically, workers comp covers the employee’s salary and medical benefits while they are out of work because of their injury. If an employee accepts workers compensation, they wave their rate to press charges against the company for negligence or poor working conditions.

Workers' compensation plans vary state by state, and may depend on your specific employer. Most employers are required by law to provide the option of workers' compensation to employees injured on the job, and employers who don't comply may face financial penalties.

Workers' Comp Benefit Limitations

In some states, employers have the privilege of drug and/or alcohol testing any employee who files for workers compensation in order to ensure that the injury was caused by negligence on the part of the company, as opposed to the employee.

Employers can also deny benefits to employees who were injured while violating job policies or state and/or federal laws. Workers compensation is only granted to employees injured while adhering to protocol and not intentionally trying to injure themselves.

Employees typically are instructed to go to a certain doctor covered by the employer. The employer wants to know that their employee is actively trying to recover from the injury, so typically requests for specific doctors by the employee will be denied.

Every state has its each own statute of limitations, or amount of time an employee can file for workmen's compensation, and the time frame is typically pretty small. Non-federal employees in Washington only have one year to file a claim, whereas employees located in Oklahoma have a window of up to two years. Not only that, but different states have different standards for when they consider the "start time" of an employee's filing period. In some states, the time frame starts at the moment of the injury. In others, it starts when the employee becomes aware of the injury (which can often occur outside of the state's statute altogether depending on the type of injury).

There are some limitations to workers comp benefits, and because the workers' compensation system is administered state by state, limitations may vary depending on the location of the job. In most states across America, it is against the law for an employer to fire or turn away a qualified employee based on reporting a workplace injury in the past or prior workers' compensation claims.

The United States Department of Labor Office of Workers' Compensation Program offers four major disability compensation programs to federal workers injured on the job site. The OWCP provides wage replacement benefits, medical treatment, vocational rehabilitation and potentially other benefits depending on the particular situation.

Workers' Compensation Law Firm Profiles


Meet Colorado Workers' Compensation, Personal Injury
and Insurance Dispute Attorney R. Mack Babcock

Prior to founding The Babcock Law Firm, LLC, R. Mack Babcock spent many years on the other side of workers' compensation, car accidents, personal injury and insurance disputes representing some of the largest insurance companies and corporations in Colorado as an attorney at a midsize insurance defense firm.

Babcock is a member of the Colorado and Denver Bar Associations, the Colorado Trial Lawyers Association and the Workers' Compensation Educational Association. In early 2008, he was elected as the Colorado House District 43 Committee Chairperson for the Douglas County Colorado Democratic Party.

In connection with this position, he is responsible for finding a candidate(s) to run for House District 43, overseeing the campaign(s), organizing volunteers, and also sits on the executive committee for the Douglas County Democratic Party.

Meet Atlanta's Top Workers' Compensation and Work Injury Attorneys

In 2018, two widely respected attorneys joined forces to establish Gerber & Holder Attorneys at Law, an Atlanta-based workers' compensation law firm dedicated to protecting injured workers in Georgia. Together, Ben Gerber and Thomas Holder bring an impressive resume of combined skills, knowledge, resources and experience to work for individuals suffering from a work-related accident such as back and neck injuries, spinal cord trauma, head and brain injuries, construction accidents, truck accidents and other catastrophic injuries.

Both attorneys have an impressive history of success in workers' compensation cases with over 50 years of combined experience practicing law in Georgia. Their accomplishments include recognitions from Super Lawyers, the Georgia Trial Lawyers Association, AV Martindale-Hubbell, Avvo, the Atlanta Bar Association, Knights of the Bar, the Lawyers' Foundation of Georgia and others. Ben Gerber also appeared as a guest on the radio show Atlanta Legal Experts. He's also an active member of the Georgia Workers’ Compensation Claimant’s Lawyers (WCCL) board, Georgia Trial Lawyers Association, Atlanta Bar Association and the Atlanta Volunteer Lawyers Foundation.