Washington D.C. Workers' Compensation

The D.C. Workers' Compensation Act applies to most private-sector employers and their employees in the District of Columbia. An employer with even a single employee is generally required to secure coverage. However, certain types of workers are excluded from coverage under this act. These typically include independent contractors, some domestic and casual workers, and federal government employees, who are covered under separate federal compensation laws.

The benefits provided under the D.C. Workers' Compensation Act are designed to address the full scope of a worker's needs following a job-related injury or illness. These benefits are paid out to help the employee recover and return to work. The primary categories of benefits include:
 

• Medical Benefits: Coverage for all reasonable and necessary medical treatments, including doctor visits, hospitalization, prescriptions, and physical therapy.
  Wage Replacement (Disability Benefits): Temporary Total Disability benefits replace a portion of the employee's lost wages while they are unable to work. If the injury causes a permanent impairment, benefits for permanent partial or total disability may be provided.
  Vocational Rehabilitation: Services to help an injured employee return to the workforce if they cannot resume their previous job due to their injury.
• Death Benefits: Financial support provided to the family or dependents of a worker who dies as a result of a work-related injury.

Every employer with one or more employees in the District of Columbia is required to have valid workers' compensation insurance or be a certified self-insurer. This insurance provides the financial resources to pay for employee injuries. A business that fails to obtain or maintain this required coverage is considered an "uninsured employer." When an employee is injured while working for an uninsured employer, the employer is directly liable for all benefits that would have been covered by the policy.

The D.C. Workers' Compensation Act strictly prohibits employers from retaliating against employees who exercise their legal rights under the law. It is unlawful for any employer to discharge, threaten, or in any way discriminate against an employee because they have filed or attempted to file a claim, or have testified in a workers' compensation proceeding. This provision is in place to protect workers and ensure they can seek the benefits they are entitled to without fear of losing their job.

When an employer fails to provide mandatory workers' compensation insurance, they can face significant consequences. The Office of Workers' Compensation can assess civil penalties of up to $10,000. Additionally, the injured employee is no longer limited to workers' compensation benefits. They can file a direct civil lawsuit against their employer to recover damages, including medical expenses, lost wages, and pain and suffering.

An employer who retaliates against an employee for filing a workers' compensation claim may be subject to a civil penalty. The D.C. Code specifies a fine of up to $1,000 for such violations. Furthermore, the employer may be ordered to reinstate the employee and compensate them for any lost wages that resulted from the discriminatory act. This financial and legal burden serves as a deterrent to retaliatory behavior.

For an employer, an accusation of a workers' compensation violation requires immediate and proactive legal action. This involves gathering evidence, challenging the allegations, and negotiating with the Department of Employment Services. For employees, legal counsel can help to file a claim, appeal a denial, and pursue a separate civil action against an uninsured employer. A knowledgeable attorney understands the nuances of the D.C. Code and can provide strategic guidance to protect their client's interests and achieve the best possible outcome.