San Diego Worker Compesation Lawyers
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The following contains information on select
sections found within worker compensation law:
Workers
Compensation | Employment
Compensation | Employment
Liability | California
Worker compensation
Workers 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.
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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.
The California Worker 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.
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