Worker’s compensation laws are designed to protect people who suffer from on-the-job injuries. Their significance is to ensure that these employees are awarded monetary compensations and eliminate the need for unnecessary litigation. These laws are also designed to benefit your dependents (including your family) in the case that the employee suffers death due to a fatal accident or serious illness as a result of the job. Some laws are even designed to protect the employer and even colleagues of the injured, which is done by setting a limit on the amount which the injured employee is able to recover from his employer. Furthermore, liability of coworkers is also eliminated. This framework is generally established by state statutes. Federal statutes on the other hand, are only limited to federal employees or individuals who are employed in some aspect related to interstate commerce.
Worker’s Compensation is covered by the following acts:
The Federal Employment Compensation Act
- Covers workers compensation for federal employees (non-military).
- Awards are limited to “disability or death” which occur during the performance of one’s duties but are not caused on purpose by the employee (such as by intoxication or suicide)
- Covers medical expenses which arise as a result of the disability
- The employee may have to undergo job retraining
- Upon suffering from disability, the injured or disabled employee is entitled to 2/3 of his standard monthly salary until the disability is rectified
- Disabled employees who suffer from permanent physical disabilities or injuries are entitled to receive more than 2/3 in the case they have dependents
- Compensation is provided to survivors of the employee who has been killed
- The act states that railroads that partake in interstate commerce are held liable for the injuries which their employees (i.e. railroad workers) suffer, under the condition that they prove to be negligent.
- Under this act, the same is true for seamen as is for railroad workers.
- Employees are provided with workers compensation if they are employed by private maritime employers.
- Miners who suffer from black lung (aka pneumoconiosis) are provided with workers compensation
- Mine operators are held liable to make disability payments
- In the case that the mine operator is not able to pay or MIA, disability payments are provided by Secretary of Labor.
The Federal Employment Liability Act (FELA)
The Merchant Marine Act (the Jones Act)
Longshore and Harbor Workers’ Compensation Act (LHWCA)
The Black Lung Benefits Act
You should be aware of what is available to you as an employee in the unfortunate circumstance that you suffer from a serious illness or injury as a result of your job. It is your employer’s duty to take care of your physical health in order to ensure that you are able to work productively and to the best of your ability. You should also be aware of your rights if you want to know whether or not your rights are being violated. If they are, you should look to hire a worker’s compensation attorney right away and claim what is rightfully yours.
