Workers’ Compensation is a subset of personal injury and a modern development.  In this area of law, generally an employee’s sole legal remedy against the employer if he or she is injured on the job is workers’ compensation.

The injured employee usually recovers lost wages for the duration of absenteeism resulting from the injury as well as the cost of medical expenses. Employers carry workers’ compensation insurance which is used to cover these costs.

In these cases, the employer pays a premium to an insurance company (like health insurance premiums, by analogy) in the event that an employee gets injured on the job. The employee, in turn, gives up the right to bring formal legal action in a court of law (resting in personal injury) and is compensated by the employer’s insurer regardless of fault (i.e., even if the worker was injured by his or her own carelessness).

Attorneys handle these cases by a case-by-case contingency fee.


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