Quick answer
Workers’ compensation provides benefits to employees injured on the job. LII describes it as a system of “fixed monetary awards” designed “to eliminate the need for litigation,” and notes that these laws limit the employer’s liability.[1] Private-sector and state and local government employees are covered by state programs; federal workers are covered by programs run by the U.S. Department of Labor.[2]
What workers’ compensation is
LII explains that workers’ compensation laws provide fixed monetary awards to employees injured in the course of employment in an attempt to eliminate the need for litigation, and that these laws also limit the liability of the employer and of co-workers.[1] In general, benefits are paid without the worker having to prove the employer was at fault.
State and federal programs
The Department of Labor states that its Office of Workers’ Compensation Programs (OWCP) administers four programs: the Federal Employees’ Compensation Program, the Longshore and Harbor Workers’ Compensation Program, the Black Lung Benefits Program and the Energy Employees Occupational Illness Compensation Program.[2] Employees of private businesses and state and local governments “should contact their state workers’ compensation board.”[2]
The exclusive remedy rule
Workers’ compensation is generally the “exclusive remedy” against the employer. The federal Longshore Act is one example: it states that the employer’s liability “shall be exclusive and in place of all other liability of such employer to the employee.”[3] State laws contain similar provisions. The New York Court of Appeals has referred to “the public policy considerations of the exclusivity of the workers’ compensation remedy.”[4]
Claims against others
The exclusive remedy rule protects the employer, not everyone else. If someone other than the employer caused the injury, such as another driver or an equipment manufacturer, the worker may also have a claim against that party. See third-party claims.
How head injuries fit
Head injuries at work can come from falls, struck-by incidents and vehicle crashes. The CDC notes that falls cause nearly half of TBI-related hospitalizations.[5] Because concussion symptoms may not appear for hours or days,[6] the timing of an injury report to the employer can become a point of dispute. Most states require prompt notice to the employer, with deadlines set by state law.
Workers’ comp and Social Security
A worker who cannot return to work after a head injury may also apply for SSDI. SSA uses its own definition of disability, which requires an impairment expected to last at least 12 months or result in death.[7] See SSDI.
Frequently asked questions
Do I have to prove my employer was at fault?
Generally no. LII describes workers’ compensation as a system of fixed awards intended to eliminate the need for litigation.[1]
Can I sue my employer for a head injury at work?
Usually not. Workers’ compensation is generally the exclusive remedy against the employer, as in the federal Longshore Act.[3] State laws have exceptions that vary.
I’m a federal employee. Which program covers me?
The Department of Labor’s Federal Employees’ Compensation Program.[2]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Legal Information Institute, Wex. “Workers’ compensation.” https://www.law.cornell.edu/wex/workers_compensation
- U.S. Department of Labor. “Workers’ Compensation.” https://www.dol.gov/general/topic/workcomp
- U.S. Department of Labor, OWCP. Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 905, 933. https://www.dol.gov/agencies/owcp/dlhwc/lhwca
- Reich v. Manhattan Boiler & Equipment Corp., 91 N.Y.2d 772 (1998). Legal Information Institute. https://www.law.cornell.edu/nyctap/I98_0086.htm
- Centers for Disease Control and Prevention. “Facts About TBI.” https://www.cdc.gov/traumatic-brain-injury/data-research/facts-stats/index.html
- Centers for Disease Control and Prevention. “Symptoms of Mild TBI and Concussion.” https://www.cdc.gov/traumatic-brain-injury/signs-symptoms/index.html
- Social Security Act § 223, “Disability Insurance Benefit Payments.” https://www.ssa.gov/OP_Home/ssact/title02/0223.htm
Sources last checked: October 11, 2026
