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Workers Compensation

Workers compensation is a state statute that establishes an employer's liability for injuries that workers may incur while on the job or illnesses due to the employment and requires insurance to protect the workers. Worker's compensation is not based on the employer’s negligence, but is absolute liability for medical coverage, a percentage of lost salary or wages, rehabilitation and retraining costs, and payment for permanent injury, which is typically based on an evaluation of limitation. Worker's Compensation Acts provide a system for hearings and quasi-judicial determinations by appeals boards and administrative law judges. However, worker's compensation is only a remedy against and employer and does not consist of general damages for pain and suffering. Therefore, a worker who is injured may waive their right to workers' compensation and sue the employer for damages that were caused by the negligence of the employer. The injured worker may sue a third party if he/she contributed to the damages even if he/she receives worker's' compensation. However, recovery may be subject to a lien for compensation paid out by the workers' compensation insurance company.