Attorneys at Law
Wyoming’s Workers’ Compensation program provides benefits to a worker injured on the job, or benefits to the worker’s family in the case of death, where the worker is employed by an employer who is a participant in the program. While the majority of states offer similar benefits through private insurance carriers, Wyoming’s workers’ compensation program is handled by the State of Wyoming.Murane & Bostwick, LLC has prepared this page for general information concerning Wyoming law. The information below does not constitute legal advice with respect to any particular circumstance. You should not act, or refrain from acting, based upon any information provided. If you have a question or a problem which may involve legal issues or relationships, you should seek the assistance of an attorney. Murane & Bostwick’s attorneys who emphasize this area of the law are listed at the end of this page.
How are claims filed? On-the-job injuries are reported to the State of Wyoming’s Division of Workers’ Safety and Compensation. The time limits in which to report an injury are short. Generally speaking, the employee must report the injury to his or her employer within 72 hours of the injury and must file a formal injury report with the employer and the Division of Workers’ Safety and Compensation within 10 days after the injury became apparent.
What injuries are included? In order for an injury to qualify for compensation under the Act, it must qualify as a "harmful change in the human organism other than normal aging and includes damage to or loss of any artificial replacement and death, arising out of and in the course of employment while at work in or about the premises occupied, used or controlled by the employer and incurred while at work in places where the employer’s business requires an employee’s presence and which subjects the employee to extrahazardous duties incident to the business." Much of the litigation concerning work-related injuries relates to this definition. The facts and circumstances of each injury - for example, accidents resulting in injury which occur while driving to and from work, while engaged in recreational or social events at the workplace, while on breaks, or conditions which develop over a period of time - must be analyzed to determine whether they are covered.
What benefits are available? Injured employees may receive payment of medical expenses plus wage payments during the period of time the employee is away from work due to temporary total disability. Subject to an upper limit as provided by statute, the wage benefit is two-thirds of the employee’s average monthly wage. The number of weeks the employee is paid by the State depends on the length and type of the employee’s disability. Once the temporary total disability period is ended, benefits for either permanent partial disability or permanent total disability may be available. The injured employee may also be entitled to payment for permanent partial impairment and also to vocational rehabilitation (a program designed to offer individual rehabilitation to return the employee to work in the former employment, a related job or other suitable employment). In the case of an employee who dies as a result of work-related injuries, death benefits are available for the employee’s family.
Must an employee prove that the employer did something wrong? No. Because of the special nature of workers’ compensation, the employee’s right to benefits is not conditioned on the fault of the employer. If an employer is a part of the State’s workers’ compensation program, generally speaking the employee only has to show that (1) the injury occurred during the course and scope of the employment and (2) the extent of the claimed injury.
Who decides whether benefits will be awarded? State employees in the Division of Workers’ Safety and Compensation handle the claims filed and determine the benefit that will be paid. The injured employee and the employer each receive a "final determination." If either side is dissatisfied with the State’s decision on payment of benefits, the dissatisfied party may make a written request to the Division objecting to the determination and asking for a hearing. The "final determination" gives each party a deadline for the filing of objections. Generally speaking, failure to file within the specified time means that the request for a hearing will be denied.
Who conducts the hearing? How are the attorneys paid? The hearings are either before the Office of Administrative Hearings or before a Medical Commission appointed by the Governor. Upon request, the hearing examiner will appoint an attorney to represent the employee at no expense to the employee. The Employer or the Division or both may dispute an award of benefits to an Employee, and either or both may be represented by an attorney at the hearing. State law provides that an employer’s attorney fees will be paid out of the workers’ compensation account upon a determination that the employee was not within the scope and course of his employment at the time of the injury.
Will a trial judge hear the case? No. The hearings are handled as administrative hearings. If the Office of Administrative Hearings or the Medical Commission decides the case in a way which is unsatisfactory to the employer, the employee, or to the Division of Workers’ Safety and Compensation, an appeal may be taken to state district court. The state district court judge will review the written record of the administrative hearing, but no testimony or evidence will be presented. Once the district court judge has taken final action on the appeal, either party may appeal the case to the Wyoming Supreme Court.
May an employee sue an employer? If the employer is covered under the Wyoming Workers’ Compensation program, the employee may obtain a recovery only through the Division of Workers’ Safety and Compensation. With the possible exception of intentionally caused injury or death, a lawsuit cannot be brought against the employer.
Who do I contact for more information? Because claims are handled by the State of Wyoming, questions about claims should in the first instance be directed to the Division of Workers’ Safety and Compensation at (307) 777-7441.
If a "final determination" letter has been issued
which the employee or employer wants to contest, contact:
In our Casper Office: (307) 234-9345: Kathleen J. Swanson via email
Roger E. Shumate via email
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