Worker's Compensation Basics
by: Wyoming Legal Services - Lander Office
Worker's compensation (worker's comp) is money workers get whey they are injured on the job.
Who is covered?
Almost all workers in Wyoming are covered. Some who are NOT covered include:
- Small business owners,
- Independent contractors,
- People employed by a family (nannies, maids),
- People employed by the Federal government (they have their own worker's comp).
It's a good idea to ask your employer if you are covered by worker's comp.
How does it work?
You get money when you are injured on the job. The money covers medical costs and lost pay. You get it even if it was due to your mistake. But you can't sue your employer. You also can't be denied the money.
Worker's comp does not cover all injuries. This include injuries
- Caused by actions breaking company rules,
- That were self-inflicted,
- Caused by the worker while he was committing a crime,
- That did not occur while on the job.
If you are injured because of bad equipment, you can sue the maker. But your employer can get some of that money to pay back what was paid in worker's comp.
How much do you get?
You have the right to get needed treatment when you are injured. Your employer has to cover health costs related to your injury:
- Medical bills,
- Medications,
- Travel costs to and from the doctor's office.
If a doctor says you can't work because of your injury, then you can get disability payments. The money covers part of your lost wages. How much you get depends on two things:
- What type of disability you have,
- How much you made before being injured.
What kind of disability do I have?
Disabilities have two parts. Ask yourself two questions. First, how long will my injury keep me from doing my job? Second, how does my injury effect my ability to do my job?
The answer to the first question will be one of these:
- Temporary: The doctor orders you not to work. You need time to recover before working again.
- Permanent: You aren't able to do your job anymore. You get a lump sum of money to cover future lost wages. But you can't live off this money. You are expected to find a job that you are able to do.
The answer to the second question will be one of these:
- Partial: Your injury only keeps you from doing part of your job.
- Total: Your injury keeps you from doing all of your job.
What happens when I go back to work?
When you go back to work, you will lose at least some of your benefits. It depends on how much you make. If you make less than you did before, you may keep some of your benefits. If you make the same as before, you will likely lose your benefits.
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