Workers’ compensation law is designed as a means to ensure that recruits who are disabled or injured at work are provided with fixed monetary awards, eliminating the need for any litigation.
These laws also provide benefits for dependents of those workers who are killed due to work-related illnesses or accidents. Some also protect employers by limiting the amount an injured employee can recover from and employer and eliminating the liability of co-workers. In this article, we will run through an overview of the current acts which are in effect to support these laws.
The Federal Employment Comp Act provides them compensation for federal, non-military employees. In fact, many of the provisions are reminiscent of most worker compensation laws. Awards are limited to death or disability sustained while performing employee tasks but not caused by the employee or by means of intoxication. The act will cover medical expenses caused by the disability and may require that the employee undergo retraining for their specified position.
The ones who are disabled receive two thirds of his or her normal monthly salary during the disability and may receive more where permanent injuries and dependents are involved. Compensation for survivors or deceased recruits is also included.
While not a workers’ comp statute, the Federal Employment Liability Act provides that railroads engaged in interstate commerce are held liable for injuries to employees in the case that they have been negligent.
Seamen are provided with the same protection from employer negligence as that of the FELA through the Merchant Marine Act.
Congress enacted the Longshore and Harbor Workers’ Act to provide aid to specific employees of private maritime employers.
The Black Lung Benefits Act provides help for miners who suffer from the “black lung”. This requires liable mine operators to pay disability payments and also establishes a fund which is administered by the Secretary of Labor.
California’s comp program provides a wonderful example of a comprehensive state program. This is applicable to most all employers. This statute limits the liability of the employer and fellow employees. In addition, the state also requires employers to obtain insurance in order to cover potential claims, and sets up funding for those which employers have illegally failed to insure against.
These laws have been put into place in the hopes of fair game. In this way, businesses and their employees can rest easy with the assurance that regulations exist, which benefit both parties in cases of distress.