Hurt on the Job?
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Workers’ Compensation laws protect employees who are hurt on the job. These employees are provided with fixed monetary awards covered under workers compensation, thus eliminating the need for excessive 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. One of our Los Angeles personal injury attorneys can better explains these laws to you.
The Federal Employment Compensation Act provides workers compensation for non-military, federal employees. Many of its provisions are typical of most workers 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.
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.
California’s Workers’ 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.
Employers with over 4 or so employees (varies by state) are legally required to furnish workers compensation insurance. If an employee is then injured, the employee files a claim with the workers compensation insurance company. Most laws require that you file a claim within 30 days of the accident, or 30 days after you learn of the injury (if it is a continuous, latent injury, such as an inability to breath).
In general, workers compensation provides replacement income, medical expenses, and vocational rehabilitation benefits. Usually, workers compensation will pay you two-thirds of your salary while you are injured. You may also be eligible for life-long benefits or a lump sum payment if you are permanently hurt while on the job. Please contact our Los Angeles personal injury lawyers for a free consultation about your workers comp case.
