What Workers' Compensation Covers

What happens when you are injured on the job? To provide an avenue of restitution, Worker's Compensation laws were developed. The legislation sets forth fixed monetary awards employers owe injured employees and thus eliminates the need for a lengthy litigation process. The litigation also provides benefits for dependents of workers who are killed on due to a work-related injury.

Workers' Compensation laws not only benefit the victims but also the employers. Most injuries are complete accidents and not result of an employer's negligent actions. Regardless, massive lawsuits force innocent businesses to close because they cannot afford to stay open. By placing a price tag on a worker's injuries, the business is protected from facing absurd costs. In addition, the litigation protect the fellow co-workers from being prosecuted in most accidents.

Generally, State Workers Compensation statutes will apply to the case. However, if the incident involves interstate commerce, then Federal Workers Compensation statutes will preside. There are several specific acts congress has passed to protect workers in various industries.

The Federal Employment Compensation Act compensates victims that work the federal government and are not in the military. The conditions are very similar to other workers' compensation acts. The awards are only distributed in the event of a disability or death as the result of an event on the job. The event leading to the injury must have not been voluntarily caused by the employee. In addition, the employee is not to be intoxicated at the time. All medical bills and expenses for job retraining are covered. While the victim is disabled, he still is entitled to at least 2/3 of his normal wages and may receive more if there are dependents. Money is awarded for permanent physical injuries, and survivors of employees are provided with compensation. The Office of Workers' Compensation Programs is responsible for executing the act.

The Federal Employment Liability Act (FELA) and Merchant Marine Act make the railroads and sea industries liable for any injuries their employees sustain.

The Black Lung Benefits Act was designed to assist miners who suffer from black lung or pneumoconiosis. Mine operators are required to pay disability to employees. If the mine operator is unable to pay or unknown, then the victims receive payments from a fund oversaw by the Secretary of Labor.