Every state has laws and procedures in place where such injuries or illnesses occur, aimed at helping the affected employee assert their right to benefits for loss of wages, medical benefits and compensation for permanent injuries. Where necessary, retraining and rehabilitation should also be offered to enable the employee to return to work. And in the event a worker is killed on the job, members of the workers' families are ordinarily eligible for benefits.

 

Worker's Compensation, occasionally referred to as "Worker's Comp" or "Workman's Compensation", is the collective name given to the laws meant to protect affected workers.

While the workers compensation laws tend to vary from state to state, they all have a safety component. And by law, employers are required to have a safety committee to safeguard employees in the workplace. 

Exclusions From Coverage

Coverage tends to depend upon jurisdiction and in some cases employees may be restricted from collecting benefits if their injuries or deaths result from willful misconduct on their part or from intoxication.

Special Federal Statutes

Additional protection to certain classes of workers is also available through special federal laws:

The Jones Act (also refered to as The Merchant Marine Act) allows seamen to seek benefits known as "maintenance and cure" should they be injured as a result of their employer's negligence while working on U.S.-flagged vessels.

The Federal Employment Liability Act (FELA) covers employees' injuries resulting from the negligence of railroads engaged in interstate commerce.

The Longshore and Harbor Worker's Compensation Act (LHWCA) is meant to provide Worker's Compensation benefits for certain classes of employees of private maritime employers.

The Black Lung Benefits Act allows for compensation to miners suffering from "black lung" disease - pneumoconiosis.

At present no federal compensation scheme exists for asbestos-related injuries, such as asbestosis or mesothelioma and typically these are handled by private attorneys.

Worker's Compensation Litigation

It is vital for the injured employee to report their accident within a short time after the event.  Failure to give that notice can result in the employee losing their right to workers’ compensation benefits.   

Where the accident is reported in a timely fashion and the employee is not awarded the benefits they are entitled to or in case of premature termination of benefits, legal representation is usually sought in order to receive or resume the benefits.

Using an attorney with a track record for handling a lot of Worker's Compensation cases who knows the administrative judges or hearing officers that preside over compensation hearings as well as the doctors and defense lawyers who may try to block your claim, can help ensure that you collect the benefits that are due or, if you are so inclined, get a maximum pay-off to settle your compensation claim.

Obtaining an individual disability insurance policy beyond what your employer offers may also increase your chances of getting full benefits in the event that you are injured compared to having a policy through your employer, which is governed by the Employment Retirement Income Security Act, better known as ERISA. 

Under ERISA, your claim will be resolved in federal court.  However, you do not have a right to present your testimony or evidence and the judge does not have a ‘hearing’, except where an appeal process is initiated in the event that the ruling goes against you or you don’t get the benefits you feel you’re entitled to. 

On the other hand, an individual disability policy gives you the right to have a jury trial, present testimony, have your doctor present testimony, and also gives you the opportunity to appear before the jury to present your case.