Can I sue my employer for a work injury in the US?
Almost never. Workers' compensation is the 'exclusive remedy' against your employer: you receive no-fault benefits, and in exchange you cannot sue the employer for negligence or recover pain and suffering. Narrow exceptions exist for intentional harm or where the employer illegally lacked workers' comp insurance. You can, however, sue a negligent third party.
What benefits does US workers' comp pay?
Full medical treatment for the injury, temporary disability wage replacement (typically about two-thirds of your average weekly wage, subject to a state maximum), permanent partial or total disability benefits based on an impairment rating and the state's schedule, vocational rehabilitation, and death benefits to dependents. Benefits are generally tax-free.
How is a permanent disability rating calculated?
After you reach maximum medical improvement, a physician assigns an impairment rating (often using the AMA Guides). States convert the rating into a number of weeks of benefits using a statutory schedule (for 'scheduled' body parts) or a formula for unscheduled/whole-body impairments. The weekly rate times the scheduled weeks yields the PPD award.
Can I bring a third-party claim in addition to workers' comp?
Yes. If someone other than your employer caused your injury — a product manufacturer, a subcontractor, or a driver in a work-related crash — you can pursue a separate personal injury claim for full damages, including pain and suffering. Your employer's comp insurer usually has a lien to be reimbursed from that recovery.