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Workers
Compensation | Employment
Compensation | Employment
Liability | California
Worker compensation
Workers
Compensation laws are designed to
ensure that employees who are injured or disabled
on the job are provided with fixed monetary awards,
eliminating the need for litigation. These laws
also provide benefits for dependents of those
workers who are killed because of work-related
accidents or illnesses. Some laws also protect
employers and fellow workers by limiting the amount
an injured employee can recover from an employer
and by eliminating the liability of co-workers
in most accidents. State Workers Compensation
statutes establish this framework for most employment.
Federal statutes are limited to federal employees
or those workers employed in some significant
aspect of interstate commerce.
The Federal Employment
Compensation Act provides workers
compensation for non-military, federal employees.
Many of its provisions are typical of most worker
compensation laws. Awards are limited to "disability
or death" sustained while in the performance
of the employee's duties but not caused willfully
by the employee or by intoxication. The act covers
medical expenses due to the disability and may
require the employee to undergo job retraining.
A disabled employee receives two thirds of his
or her normal monthly salary during the disability
and may receive more for permanent physical injuries,
or if he or she has dependents. The act provides
compensation for survivors of employees who are
killed. The act is administered by the Office
of Workers' Compensation Programs.
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The Federal Employment
Liability Act (FELA), while not a
workers' compensation statute, provides that railroads
engaged in interstate commerce are liable for
injuries to their employees if they have been
negligent.
The Merchant Marine Act (the Jones Act) provides
seamen with the same protection from employer
negligence as FELA provides railroad workers.
Congress enacted the Longshore and Harbor Workers'
Compensation Act (LHWCA) to provide workers' compensation
to specified employees of private maritime employers.
The Office of Workers' Compensation Programs administers
the act.
The Black Lung Benefits Act provides compensation
for miners suffering from "black lung"
(pneumoconiosis). The Act requires liable mine
operators to pay disability payments and establishes
a fund administered by the Secretary of Labor
providing disability payments to miners where
the mine operator is unknown or unable to pay.
The Office of Workers' Compensation Programs regulates
the administration of the act.
The California Worker
Compensation Act provides an example
of a comprehensive state compensation program.
It is applicable to most employers. The statute
limits the liability of the employer and fellow
employees. California also requires employers
to obtain insurance to cover potential workers'
compensation claims, and sets up a fund for claims
that employers have illegally failed to insure
against.
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Worker Compensation Lawyers