Thursday, December 1, 2011

Workers Compensation Overview

If a person in injured or disabled on the job, they may be eligible for workers' compensation. The Workers' Compensation laws were enacted to eliminate extensive lawsuits by establishing fixed monetary awards. Additionally, they offer benefits to dependents of workers who are killed due to a work related cause. While many people assume the laws are only meant to advocate for the injured, that is not true. They also do a lot to help protect the other side. By setting amounts, the laws limit the amount of compensation an employer is required to handover. Additionally, co-workers are often not held liable. In most cases, the State Workers Compensation statutes will preside. Only in situations such as interstate commerce would federal statues come into play.The Federal Employment Compensation Act provides compensation to federal workers who are not in the military. The act is very similar to most state compensation acts. The disability or death must not have been sustained willfully by the employee or while he was intoxicated. Medical expenses as well as retraining due to disability are covered. The employee receives a minimum of two thirds of his pay while he is disabled in pay and receives more if dependents or permanent injury is involved. If the worker is killed, survivors receive compensation. The Office of Worker's Compensation Programs is responsible for executing the act.The Federal Employment Liability Act (FELA) and Merchant Marine Act (the Jones Act) holds railroads and ships liable for injuries to their employees. Additionally, the Longshore and Harbor Workers' Compensation Act protects other maritime workers.The Black Lung Benefits Act was established to provide compensation to miners. Many miners end up suffering from pneumoconiosis also more commonly known as Black Lung. Mine operators must issue disability payments to ill miners. Additionally, the act created a fund that is operated by the Secretary of Labor. This fund pays compensation to miners when the mine operator is not known or unable to pay.Workers compensation laws are advantageous to all parties. They help make the work place a safe place, and in the case that something happens, monetary funds help care for the injured worker and family. Since state laws vary, it is important to be knowledgeable about your specific state's policies. If you feel you may qualify for workers' compensation and would like more information, visit http://www.waukeshapersonalinjurylawyer.com today to learn more.

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