Workers Compensation and the Laws behind It
Without a doubt, even after all the necessary safety measures have been deployed by the employers, there will always be possibilities of accidents still happening in a workplace. Despite of the strict discipline performed by all employees, they are still prone in obtaining injuries while exercising their works. Well, all we can do is to hope that these tragic incidents will not happen to us or even to our loved ones. However, as a form of consolation, workers like us were entitled of benefits to cover our incurred injuries as stated under various federal and state laws. The Worker’s Compensation laws are drafted and ratified in order for the injured or disabled employees to have the assurance of having continuous financial benefits without undergoing any court procedures. This also bestows grants to the surviving dependents and beneficiaries of the employees who died due to any type of job-related accident or ailment. Moreover, some provisions of the laws provide protections to the employers by restraining the injured workers to recover large amount of money higher than the set limits. The co-workers are also freed from any liability in most cases of accidents. While the Federal worker’s compensation statutes are restricted to federal employees or those individuals employed in some important positions of interstate trade and commerce, various laws are enacted to deal with certain type of jobs. - Federal Employment Compensation Act - This law imparts financial benefits limited only to those non-military or federal employees who suffered disability or died while performing their tasks. Nevertheless, these should not result from deliberate actions or from alcohol or illegal substance intoxication. The law covers the cost of medical treatment and rehabilitation brought by the disability and may oblige the worker to go through a retraining program. - Generally, the disabled workers collect 2/3 of their regular monthly income until the impairment was fully healed. They may accept even larger compensation in cases of permanent injuries or if they happen to be the breadwinner of their families. - If the worker died, his or her surviving family or beneficiaries will get the benefit. - Federal Employment Liability Act (FELA) - This act provides benefits to the railroad employees who were injured in an accident. - Merchant Marine Act (Jones Act) - This act provides protection for the seamen from negligent employers. - Black Lung Benefits Act - This law provision provides benefits for workers in the mining industry who suffered from black lung disease. - California’s Worker’s Compensation Act - This statute serves as a model of a complete state worker’s compensation insurance program. The state of California obliged the employers to have insurance policies for their workers that will cover future compensation claims.
The laws on Worker’s Compensation are very much broad and intricate. Thus, for the injured or disabled employees to obtain their claims, they may need to appoint the legal services of a qualified and proficient personal injury lawyer. A legal advocate’s expertise in handling this specific type of claim case will make it easier for the victims to uphold their rights.
For more information about worker’s compensation and other personal injury related cases, visit http://www.personalinjurydefenders.com
About the Author
"Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills."
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