Common Questions
Legal Disclaimer: The following is basic legal information, provided as a public service by Wyoming’s lawyers. The information provided is not a substitute for speaking to an attorney. Only an attorney can give you legal advice regarding your specific situation. Click here for help finding a lawyer.
Legal Background
You CAN be fired because…
You were late to work
You cannot physically perform your job
You stayed home because you were sick
You violated a company policy
OR FOR NO REASON AT ALL
You filed for Workers' Compensation
You filed a complaint with OSHA
You testified in an OSHA proceeding
You are disabled (and can still perform your job with a reasonable accomadation)
OR because of your race, color, religion, sex, or national origin
Avoiding Workplace Injury
As a Wyoming worker, you have the right to work in a reasonably safe environment. Imagine that you are hired to work on a road construction project and on your first day, you are told to do something that you believe is unsafe. You are faced with a dilemma: you don’t want to get hurt but you can’t afford to lose your job. What do you do?
1. A reasonable person would believe that the conditions were such that he/she would be facing death or a serious injury if he/she continued to work.
2. You have tried to get your employer to correct the condition and there is no other way to do the job safely.
3. The situation is urgent! There is no time to eliminate the hazard through regulatory channels or by calling OSHA.
Alternatively, safety complaints can be made to the Federal Mine Safety & Health Administration (MSHA) through its National Hazard Reporting Anonymous Hotline. You will not need to identify yourself when you file a complaint through the hotline and your immigration status will not be checked. Hotline complaints can be made online or by phone at: 1-800-746-1553.
Further, once you have filed a complaint, you may not be discriminated against for exercising your health and safety rights. If you are discriminated against, you may file a whistleblower report with MSHA.
Retaliation includes: “firing or laying off; blacklisting; demoting, denying overtime pay or a promotion; disciplining; denying benefits; failing to hire or rehire; intimidation; reassignment affecting your promotional prospects; reducing your pay or hours” (whistleblowers.gov/). For example if you testify in an OSHA investigation and your employer suddenly cuts your hours in half, you have likely been retaliated against for exercising your rights under the Wyoming Occupational Safety & Health Act.
There are strict timelines governing how quickly a complaint must be filed. For example, if you are retaliated against for exercising rights under the Occupations Safety & Health Act, you must file a complaint within 30 days. If you are retaliated against for exercising rights under the Federal Rail Safety Act, you must file your complaint within 180 days. Bottom line, it is important to quickly file whistleblower complaints.
Whistleblower Law Enforced by OSHA (and Timeframe for Reporting Retaliation)
Occupational Health & Safety Act (30 days)
Surface Transportation Assistance Act (180 days)
Asbestos Hazard Emergency Response Act (90 days)
International Safe Container Act (60 days)
Federal Railroad Safety Act (180 days)
National Transit Systems Security Act (180 days)
Clean Air Act (30 days)
Federal Water Pollution Control Act (aka “Clean Water Act”) (30 days)
Toxic Substance Control Act (30 days)
When an Injury Occurs
The first step to filing a Workers’ Compensation claim is to notify your employer within 72 hours of an accident. It is also a good idea to keep a list of witnesses who observed the accident and ask for witness statements immediately. You may also want to take pictures of the accident site or your injuries.
If you feel that it is necessary, you should request medical treatment from a local physician or emergency room immediately. Your employer does not have a right to accompany you into the examination room or to refuse your request to seek medical treatment! Never accept under-the-table offers of cash or other benefits in exchange for not filing for Workers’ Compensation.
At the hospital or doctor’s office you may be given paperwork to file a Workers' Compensation claim. You must file a Workers' Compensation claim within ten days. If for some reason you are unable to do so, you should still attempt to file later, as the Department of Workforce Services has discretion to accept a late claim.
Steps to filing for Workers’ Compensation
1. Seek the medical attention that you feel is necessary. Remember: Your employer does not have the right to accompany you into the examination room!
2. Notify your employer within 72 hours of the accident.
3. Keep a list of witnesses and ask for witness statements.
4. Do not give into any pressure or intimidation not to file. Do not accept any under-the-table offer!
5. File a Workers’ Compensation claim within 10 days!
Medical benefits:
Workers’ Compensation will pay for all medical care directly related to a workplace injury. Upon submitting a claim, an injured worker will be issued a case number. This number should be given to all health care providers, including pharmacies, in order to ensure accurate billing for the claim.
1. You have the right to choose your own primary care provider.
2. Your employer or Workforce Services may request that you see a specific doctor for a second opinion. In this case you may be eligible for a travel reimbursement.
3. You will be reimbursed for travel to the closest available medical provider unless the closest available medical provider is located less than ten miles away.
4. Workers’ Compensation pays medical providers according to a set fee schedule. Medical providers within Wyoming may not bill you for excess charges, however medical providers out of-state may bill YOU for charges in excess of what Workers’ Compensation will pay.
5. For more information on medical benefits covered by Workers’ Compensation, click here.
Injured workers who are unable to work may be eligible for Temporary Total Disability Benefits (TTD) to make up for lost wages. A separate application is required to apply for these benefits. TTD will pay an injured worker two-thirds (2/3) of their gross monthly income at the time of their injury. The maximum benefit, however, is limited to the statewide average wage for the month of the injury. TTD benefits will increase by 3% if all medical care is provided in Wyoming.
Permanent Partial Impairment:
Injured workers may receive monetary compensation for a permanent physical impairment if they are unable to fully recover. This benefit essentially pays you for your continued physical limitations. For more information on the Permanent Partial Impairment benefit and how it is calculated, click here.
Permanent Partial Disability/ Vocational Rehabilitation:
If you have a permanent injury, you will also be eligible for benefits that cover the economic impacts of your injury. These benefits may be available through Permanent Partial Disability or Vocational Rehabilitation, however you cannot receive both benefits. Vocational Rehabilitation is a program designed to help you return to work. Permanent Partial Disability is compensation for the difference between your current earning capacity and your earning capacity before the injury. Click here for a more detailed description of these two programs.
You become eligible for the Permanent Partial Disability benefit if you cannot return to work at a comparable salary to what you earned before the injury, in any occupation. You become eligible for Vocational Rehabilitation if your injury prevents you from returning to work in a field that you were employed in during the three-year period before your injury.
Permanent Total Disability:
If your workplace injury permanently prevents you from future employment, you may be eligible for a Permanent Total Disability award. This is a monetary benefit that is calculated to make-up for your very serious injury and lost earning capacity. Click here for more information.
Death Benefits:
If an employee is killed in a workplace accident, his/her spouse and dependent children may be eligible for a death benefit. This will be a monetary award equal to a percentage of the worker’s wages, which will be paid for 100 months following the incident. Click here for more information on Death Benefits.
Examples of Workplace Injuries and Eligible Benefits
Workplace Injury
Treatment/Recovery
Possible Benefits
Twisted Ankle
Employee may return to work after 2 days
Medical Benefit
Broken Leg
Employee cannot work for 6 weeks
May return to work after 6 weeks at full capacity
Employee fully recovers
Medical Benefit
Temporary Total Disability
Broken Back
Employee cannot work for 8 weeks
May return to work at reduced hours/ pay after 8 weeks
Employee cannot earn his pre-injury wages in any occupation
Employee is not expected to fully recover-- employee will continue to live with pain from the injury
Medical Benefit
Temporary Total Disability
Partial Permanent Disability
Partial Permanent Impairment
Broken Back
Employee cannot work for 10 weeks
Employee cannot return to occupation that he has worked in during the 3 years prior to his injury
Employee cannot earn his pre-injury wages in any occupational field
Employee is not expected to fully recover--will continue to live in pain from the injury
Medical Benefit
Temporary Total Disability
Partial Permanent Disability OR Vocational Training
Partial Permanent Impairment
Broken Back
Employee is paralyzed
Employee can never work again in any occupational field
Medical Benefit
Permanent Total Disability
Employee Killed
Employee is killed
Death Benefit