Workers' Compensation
Workers' Compensation Laws
At the Federal level, the Office
of Workers' Compensation Programs (OWCP), a division of the U.S.
Department of Labor (DOL), administers workers' compensation laws, regulations,
guidelines and programs under the following acts.
- Energy Employees Occupational Illness Compensation Program Act
- Longshore and Harbor Workers’ Compensation Act
- Black Lung Benefits Reform Act (Coal Miners)
- Federal Employees’ Compensation Act
It was the Federal Employees’ Compensation Act that got the state
workers' compensation ball rolling in 1916.
Although it was a workers' compensation law that covered only Federal
government employees, most states followed suit for private-sector and
state public-sector employees.
As of January 1, 2006, according to the DOL, workers' compensation laws
in all U.S. states but Texas made it compulsory for employers to carry
workers' compensation insurance of some sort.*
Some state workers' compensation laws allow employers to insure through
private insurance carriers or to be self-insured, while the rest require
employers to insure through state programs. State workers'
compensation agencies typically administer workers' compensation laws.
Workers' compensation is generally a "no-fault"
insurance system, meaning that the liability of
coworkers and employers is limited, even if negligence is involved. It
also means that, once employees collect workers' compensation insurance
benefits, workers' compensation law likely will not allow them to litigate other
damages for the same incidents.
Consequently, affected employees might be better off
filing personal injury lawsuits instead of workers' compensation claims,
depending on the nature of their cases. In addition to medical expenses
and lost wages, lawsuits might award damages
and attorney's fees. Consult an attorney for
more information.
Workers' compensation laws generally allow employers and their insurance
carriers to dispute employees' claims for benefits. But, by the same token,
the laws also generally allow employees to appeal decisions that deny them
benefits. Workers' compensation laws in some states allow employees to
file lawsuits instead of appealing or after they've exhausted the appeals
process and lost. See an attorney about
that.
The appeals process varies by state, as do the workers' compensation laws
that allow appeals. To appeal a decision, follow the instructions provided
by your employer or its insurance carrier, or the Federal
or state workers' compensation agency. Typically, an employee would
appeal his or her case in a hearing before a workers' compensation board.
If the employee loses there, he or she may then appeal in a hearing before
an administrative
law judge.
Whether appealing before a board or judge, be sure to first get your case
in order, including supporting evidence. If you're not comfortable organizing
your case or presenting it in an official hearing, hire an attorney who
specializes in Federal or state workers' compensation law. Many do.
Hiring an attorney to represent you is not required, but you have the
right to do so. In fact, the workers' compensation board or administrative
law judge might recommend that you exercise your right to hire an attorney,
especially if your case is complex or your employer will be represented
by one or more attorneys.
Most state workers' compensation laws or regulations limit the fees that
attorneys may charge. How much they're limited and whether they are are
added to or subtracted from awards varies by state. So, it's a good idea
to discuss fees right away with the attorney you're
considering for hire. An attorney might take your case on contingency.
Employers are generally not allowed to retaliate against
employees who exercise their employee
rights under workers' compensation laws, such as filing and appealing
claims.
If employers retaliate anyway, victims are entitled to file complaints
with state workers' compensation
agencies, if such agencies have avenues for retaliation complaints.
If they don't, workers might gain relief by filing discrimination charges
with the Equal Employment Opportunity Commission or
a state equivalent, under the Americans
with Disabilities Act or an equivalent state
law. Alternately or additionally, workers might have to file private
lawsuits to gain relief. Consult an attorney about
filing a lawsuit.
Independent contractors are generally not eligible for benefits under
workers' compensation laws. That's because such benefits are for employees.
Independent contractors (ICs) are not employees under workers' compensation
laws, because they are self-employed.
But, ICs might be retroactively eligible, if worker's compensation boards
(or other government agencies) determine that employers have misclassified employees
as ICs. Employees who are moonlighting as ICs (or vice versa) and suffer
injuries or illnesses from working their employee jobs, might be eligible
for state workers' compensation insurance benefits from their employee
jobs.
For specific information about workers' compensation laws, benefits or
appeals in the state in which you work, contact the state
workers' compensation agency or browse its Web site. Alternately or
additionally, consult an attorney who
specializes in workers' compensation law and lawsuits for the state in
which you work.
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