>
Repetitive Stress Injury
> Worker
Compensation (Compensacion
al Trabajador)
> Work
Place Personal Injury
(Accidentes Laborales)
An Overview...
Workers'
Compensation Laws or Employment Compensation Laws are designed to
ensure that employees who are injured or disabled on the job are
provided with fixed monetary awards, eliminating the need for 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.
The
Federal Employment Compensation Act provides workers compensation
for non-military, federal employees. Many of its provisions are
typical of most worker 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.
Click
Here to find Worker's Compensation Lawyers or Law Firms
Personal Injury Experts can refer you to experienced
Worker Compensation lawyers and Worker Compensation law firms in
California. For your convenience Personal Injury Experts can provide
you with serious Worker Compensation attorneys rating, settlements,
true name, education, specialties, licenses, sanctions, partners,
track record, and more. Personal Injury Experts can refer you to
serious Worker Compensation attorneys in convenient locations in
Los Angeles, Orange
County, San Diego and San
Bernardino. However, some of our Workers Compensation lawyers
and law firms will be able to assist you in different locations
outside the State of California. For more information please feel
free to contact us at (800) 475-6068 or click here.
If you have any questions about the information provided above, please contact
us.
Call us or click here
to get a referral to an ASN's panel lawyer.
Go back to Top
|
