Workers Compensation refers to monetary compensation for those who suffer an injury or illness related to their employment activities. Both the federal government and state governments oversee this insurance program. If you’re injured at work, you are entitled to monetary compensation from your employer for as long as you are unable to perform your duties.
Federal Government Programs
The workers compensation laws enacted by Congress pertain almost exclusively to non-military federal employees. The Federal Employment Compensation Act specifically outlines the legal parameters concerning accidents suffered by federal employees that are not willfully caused by the employer.
When you file your workers compensation claim, you shoudl be aware that it is normally limited to two-thirds of the employee’s salary. Additional compensation may be awarded if there are long-term or permanent physical disabilities suffered by the individual. If you are a federal employee and are injured while on the job, you are entitled to this compensation so long as the legal investigation determines that your disability is legitimate.
A workers comp lawsuit is generally unnecessary unless the federal government determines that the cause of the accident was in part your fault. If that's the case, you may wish to consult an accident injury attorney or a worker's compensation lawyer, particularly if you feel that the compensation should include expenses for long-term treatment that are otherwise not awarded in the settlement.
If you are awarded compensation by the federal government, you may be required to complete job retraining. This will be specifically outlined in the settlement. If you have your own disability insurance coverage, you may receive notice that your claim is not valid because you are receiving benefits from the federal government. However, you should carefully review your policy to see if this stipulation is actually included. An attorney will be of valuable assistance in this matter.
State-Mandated Workers Compensation
All states have some sort of government office that oversees worker’s compensation. In some states, it works as a part of the Department of Labor but others have specific departments just for it of various names. For example, Georgia has a “State Board of Worker’s Compensation”, Mississippi has a “Worker’s Compensation Commission”, and Nebraska has a “Worker’s Compensation Court”. These offices assist injured employees and their employers to resolve claims quickly and fairly.
Each state also has its own self-regulated workers compensation program. These programs are for employees of state government, corporations, sole-proprietorships, and other employments. The legal specifics of these programs are similar to the federal workers compensation program.
Many states guarantee compensation for your workers comp claim regardless of who was at fault. It may not matter whether the on-the-job injury was caused by the employer or the employee. However, in accepting compensation, you lose your right to sue the employer for additional damages.
You should understand that not all employers are required to compensate workers who are injured on the job. State laws often exclude small businesses where no physical labor is involved, farm workers, and seasonal employees.
