Workers’ compensation was created with a straightforward promise: If you are injured or become ill because of your job, you will receive medical care and financial support while you recover. In exchange, workers generally give up the right to sue their employers for workplace injuries. It was supposed to be a trade-off that protected both workers and businesses.
Now, more than a century after workers’ compensation systems were created, that promise doesn’t always match reality. A recent article in The American Prospect takes an in-depth look at the workers’ compensation system and raises troubling questions about how well it is serving the people it was designed to protect.
Many Injured Workers Never Receive Benefits
Perhaps the biggest misconception about workers’ compensation is that benefits are automatic. They aren’t.
Just ask a group of workers in the engineered stone countertop industry in California. Cutting and polishing engineered stone can release ultrafine silica dust that workers breathe into their lungs, putting them at risk for silicosis, a devastating and potentially deadly – and preventable – disease. In California alone, more than 500 countertop workers have been sickened and at least 30 have died. More than 100 have undergone or are awaiting lung transplants that would extend their life but not cure the disease.
These workers face lifelong disability and medical expenses. Yet only eight of 114 cases reviewed received wage loss or medical benefits through workers’ compensation. The state’s Medicaid program covered medical expenses for 73 of the 114, meaning that taxpayers were subsidizing the employers who made these workers sick.
When Workers’ Comp Falls Short, Workers and Families Pay the Price
Every state has its own workers’ compensation system, designed in the early 20th century. It’s part of a national “safety net” but there is no federal oversight. There’s also great disparity between states, with maximums that range from $2,350 in Iowa to $631 in Mississippi. Private insurers collected $41.6 billion in premiums in 2024 but “a shamefully large share of that never reaches injured workers,” according to the article.
In Washington state, considered to have one of the country’s more generous and accessible workers’ compensation systems, only about half of workers reporting injuries or illnesses received benefits. For those who are lucky enough to get workers’ comp, it only covers about 21 percent of total wages lost and medical costs. Government safety nets pick up 16 percent, meaning that families must absorb the rest. Disabled workers who are uncompensated often end up with Social Security Disability, a much lower rate than workers’ comp would have offered.
Why Some Workers Never File a Claim
There are also injured workers who may qualify for workers’ compensation but never pursue a claim. Why? The process can be confusing. Some employees fear retaliation or worry about jeopardizing their jobs. Others may use their regular health insurance and sick leave simply because it seems easier than navigating the workers’ compensation system. Workers may also encounter disputes over whether an injury is work-related, what medical treatment is necessary, whether they can return to work or how much they should receive in benefits.
Then there are employers who illegally fail to offer workers’ compensation coverage. In the engineered stone silicosis cases, that employer did exactly that, falsely saying that his workers were independent contractors.
Know Your Rights After a Workplace Injury
If you are hurt or develop an illness you believe is connected to your work, it is important to report it promptly, document what happened and understand your rights before making decisions that could affect your claim. Speaking with an experienced Pennsylvania workplace injury attorney can help you better understand your options.
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