Guam · 7 min read · Published May 2025

What Are My Rights After a Workplace Injury in Guam?

Workplace injuries on Guam are governed by a unique combination of local workers' compensation law, federal maritime law, and military contractor regulations. Understanding your rights — and the differences between workers' comp and a personal injury lawsuit — is essential to maximizing your recovery after a job-related injury.

Guam Workers' Compensation: The Basics

Guam's Workers' Compensation Act (22 GCA Chapter 9) requires most private employers to carry workers' compensation insurance. If you are injured on the job, workers' comp provides: (1) Medical benefits — all reasonable and necessary medical treatment for your work injury, paid by your employer's insurer. (2) Temporary disability benefits — wage replacement (typically 66⅔% of your average weekly wage) while you cannot work. (3) Permanent disability benefits — compensation for lasting impairment. (4) Vocational rehabilitation — retraining if you cannot return to your previous job. Workers' comp is a no-fault system — you do not need to prove your employer was negligent to receive benefits.

How to File a Workers' Comp Claim on Guam

Report your injury to your employer immediately — Guam law requires notice within 30 days of the injury (22 GCA § 9107). Your employer must report the injury to the Guam Department of Labor (GDOL) Workers' Compensation Commission. File Form WCC-1 (Employee's Claim for Compensation) with the GDOL Workers' Compensation Commission. Seek medical treatment — your employer's insurer designates treating physicians, but you have the right to an independent medical examination (IME). Missing the 30-day notice deadline can jeopardize your claim — contact an attorney immediately if you have missed it.

Federal Law: The Longshore and Harbor Workers' Compensation Act

If you work in maritime occupations on Guam — dockworkers, shipbuilders, crane operators, harbor workers — you may be covered by the federal Longshore and Harbor Workers' Compensation Act (LHWCA) instead of (or in addition to) Guam's workers' comp. The LHWCA provides significantly higher benefits than most state/territory workers' comp systems. Claims are filed with the U.S. Department of Labor, Office of Workers' Compensation Programs (OWCP). An attorney experienced in both Guam workers' comp and federal maritime law is essential for maritime workers.

Military Contractors and the Defense Base Act

Guam has a significant military presence, and many workers are employed by defense contractors. If you work for a U.S. government contractor on a military base or overseas installation, you are covered by the Defense Base Act (DBA) — a federal workers' compensation law that provides benefits for injuries and occupational diseases. DBA claims are also handled through the OWCP. Benefits are generally more generous than Guam workers' comp.

Third-Party Personal Injury Claims

Workers' compensation is generally your exclusive remedy against your employer — you cannot sue your employer in civil court for a work injury (with limited exceptions for intentional conduct). However, if a third party (someone other than your employer or a co-worker) caused or contributed to your injury, you can file a personal injury lawsuit against them in addition to receiving workers' comp benefits. Common third-party defendants in Guam workplace injury cases: equipment manufacturers (defective machinery), property owners (unsafe premises), subcontractors (on construction sites), and drivers (vehicle accidents during work). A third-party lawsuit can recover damages that workers' comp does not cover — full lost wages, pain and suffering, and loss of enjoyment of life.

Statute of Limitations for Workplace Injuries on Guam

Workers' comp claims: you must file within 1 year of the injury or within 1 year of the last payment of compensation (22 GCA § 9109). Third-party personal injury lawsuits: 2 years from the date of injury (7 GCA § 11306(a)). Government tort claims (if a government entity was involved): 18 months after the claim arises under the Guam Government Claims Act (5 GCA § 6106). These deadlines are strict — missing them can bar your claim -- a late-claim application under Gov. Code section 911.4 may be available within one year in limited circumstances. Contact an attorney as soon as possible after a workplace injury.

What to Do After a Workplace Injury on Guam

(1) Report the injury to your supervisor immediately — do not wait. (2) Seek medical attention — go to the ER or urgent care the same day. (3) Document everything: photos of the scene, your injuries, and any equipment involved. (4) Identify witnesses and get their contact information. (5) File Form WCC-1 with the GDOL Workers' Compensation Commission within 30 days. (6) Do not give a recorded statement to the insurance company without speaking to an attorney. (7) Contact HellaHurt — we handle both workers' comp and third-party personal injury claims on Guam.

Key Takeaways

Report your injury to your employer within 30 days — Guam law requires it
Maritime workers may be covered by the federal LHWCA (higher benefits)
Military contractor workers are covered by the Defense Base Act
You can file a third-party lawsuit AND receive workers' comp benefits
Third-party lawsuits recover pain and suffering — workers' comp does not
Workers' comp deadline: 1 year. Personal injury lawsuit: 2 years.

Frequently Asked Questions

Can I sue my employer for a workplace injury on Guam?

Generally no — workers' compensation is the exclusive remedy against your employer. However, if your employer intentionally harmed you, or if a third party (not your employer) caused your injury, you may have additional legal options. An attorney can evaluate whether exceptions apply to your situation.

What if my employer doesn't have workers' comp insurance?

Guam law requires employers to carry workers' comp insurance. If your employer is uninsured, you can still file a claim with the GDOL Workers' Compensation Commission — there are provisions for uninsured employer situations. You may also be able to sue your employer directly in civil court. Contact an attorney immediately.

Does workers' comp cover occupational diseases?

Yes. Guam workers' comp covers occupational diseases — conditions caused by exposure to workplace hazards over time (e.g., hearing loss from noise, lung disease from chemicals, repetitive stress injuries). The 1-year filing deadline runs from when you knew or should have known the disease was work-related.

Can I choose my own doctor for a work injury on Guam?

Initially, your employer's insurer may direct you to a designated physician. However, you have the right to request an independent medical examination (IME) if you disagree with the insurer's doctor. For serious injuries, having your own physician's opinion is critical. An attorney can help you navigate the medical evaluation process.