Workers Compensation Law
Worker’s compensation laws were established for several reasons. One reason is that the labor union movement, in their capacity of being the guardian of the rights of workers, has always endeavored to protect their members. As such, they have historically pushed for laws that ensure that employees who are injured or disabled on the job are financially compensated. Employers also have supported worker’s compensation laws, although for less altruistic reasons. From the employer’s point of view, providing workers' injuries with fixed monetary awards effectually eliminates the threat of legal action against the employer. The result is a constructive partnership between workers and employers that provides a stable working environment and reliable benefits for workers who need them. It should also be noted that worker’s compensation laws also provide benefits for the surviving dependents of workers who die from either on the job accidents or illnesses acquired as a result of the conditions at their places of employment.Provisions of Workers' Compensation Laws
Worker’s compensation laws are enacted, overseen, and implemented on the state level -- except in the case of federal employees or workers involved in interstate commerce. Both federal and state worker’s compensation laws share basic similarities in their structure and intent. The Federal Employment Compensation Act covers federal workers and is administered by the Office of Workers' Compensation Programs. Some of the general provisions of workers compensation law are as follows:
- Awards are limited for disability or death sustained in the course of an employee’s duties, and exclude incidents resulting from the worker being intoxicated or willfully causing the injury.
- Awards are intended to cover medical expenses incurred in treating the injury. In some cases, the employee may be required to attend a job retraining program or risk loss of benefits.
- During the course of their disability, workers typically receive a minimum of two-thirds of their usual salary. This amount may be larger, depending on whether the injury or disability is permanent or whether the worker has dependents he or she must continue to support.
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Protecting Workers Rights
Congress has enacted several stand-alone workers compensation programs that cover workers in specific employment situations that cause them to face unique hazards in the course of their jobs. Examples of these programs are the Federal Employment Liability Act (FELA) that covers railroad workers; The Merchant Marine Act (the Jones Act) that provides benefits to seamen; the Longshore and Harbor Workers' Compensation Act (LHWCA); and the Black Lung Benefits Act that provides compensation for coal miners afflicted by pneumoconiosis, also known as "black lung." These programs as well as others are subject to the provisions of state and federal worker’s compensation law, and provide a strong sense of relief and security for millions of workers who otherwise would not be able to afford quality medical care for injuries suffered in the workplace.
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