An Overview of the Different Workers’ Compensation Laws

By Saturday, March 28, 2015 0 No tags Permalink

There are various laws in place to protect workers who suffer job-related injuries. These laws make sure that anyone who is injured or even disabled through their work is able to receive a fixed monetary award. This means litigation is no longer required. Thanks to these laws, workers’ dependents can also benefit, particularly if the employee in question is killed or rendered unable to work. Finally, the laws are there to protect employers and colleagues. This is because the laws prevent someone from unlimited compensation, or from making co-workers liable. Most employment options are covered by the framework of laws that exist. However, any of the best workers comp lawyer Los Angeles has to offer will tell you that it is still important to recognize them all in order to apply them properly. This is particularly true because there are also a number of federal statutes.

The Federal Employment Compensation Act

Firstly, there is the Federal Employment Compensation Act. This is in place for workers who are not federal employees or part of the military. Awards are only given in case of death or disability and this must be caused by the person’s job through no fault of their own (such as intoxication). Thanks to this compensation, workers have their medical expenses paid, and they may also be retrained if applicable. Someone who is disabled will receive 75% of their monthly salary while they are classed as disabled. If they are permanently disabled or if they have dependents, they may receive more. The Office of Workers’ Compensation Programs administers this act.

The Federal Employment Liability Act (FELA)

FELA is slightly different, as it is only in place to protect railroad employees who are working on interstate jobs and become injured due to employer negligence.

The Jones Act or Merchant Marine Act

This act protects seamen in the way that FELA protects railroad employees.

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

The LHWCA is in place for employees of private maritime companies. The act is administered by the Office of Workers’ Compensation Programs.

The Black Lung Benefits Act

This act is in place to help miners who have pneumoconiosis (black lung). The Secretary of Labor administers funds that are given to mine operators who have become disabled due to black lung. Disability payments are made only to those miners who were or are employed to unknown mine operators, or to mine operators who are unable to pay the compensation. This act is also administered by the Office of Workers’ Compensation Programs.

The California’s Workers’ Compensation Act

This act is one of the acts used specifically in a single state. Almost every state has a similar act and almost all employers have to abide by the rules of this act. It is in place to limit the liability placed on fellow employees and the employer. Under this act, employers must also have insurance for compensation. There is also a pot to protect those who work for employers who did not have the insurance, which is an illegal practice.

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