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Worker Comp

The Federal Employment Compensation Act provides worker comp for non-military, federal employees. Many of its provisions are typical of most worker comp laws. Awards are limited to either "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 worker comp 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 worker comp 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 Worker Comp 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 worker comp claims, and sets up a fund for claims that employers have illegally failed to insure against.

All California employers must provide Worker Comp benefits, at no cost to their employees, through insurance or through a State approved self-insurance program. Anyone experiencing an illness or injury resulting from employment may be entitled to Worker Comp benefits. Such an injury or illness may have resulted from a single incident or from repeated and prolonged exposure to activities or substances at work. Your benefits may include all medical treatment necessary to cure or relieve you from the effects of a work-caused injury or illness.


gmenely@pacbell.net
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