Workers' Compensation Acts

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Workers' Compensation Acts

n. state statutes which establish liability of employers for injuries to workers while on the job or illnesses due to the employment, and requiring insurance to protect the workers. Workers' compensation is not based on negligence of the employer, but is absolute liability for medical coverage, a percentage of lost wages or salary, costs of rehabilitation and retraining, and payment for any permanent injury (usually based on an evaluation of limitation). Workers' Compensation Acts provide for a system of hearings and quasi-judicial determinations by administrative law judges and appeal boards. However, if workers' compensation is granted, it becomes the only remedy against an employer and does not include general damages for pain and suffering. Thus, an injured worker may waive workers' compensation and sue the employer for damages caused by the employer's negligence. If a third party contributed to the damages, the injured worker may sue that party for damages even though he/she receives workers' compensation, but the workers' compensation insurance company may demand some of the funds recovered. (See: permanent disability)

References in periodicals archive ?
The court said the Workers' Compensation Act allows carriers to recover only medical, income, death or burial benefits paid for a compensable injury.
Department of Labor to provide USL&H coverage for the liabilities of its members under the United States Longshore & Harbor Workers' Compensation Act. Shipbuilders, ship repairers, marine terminal operators, stevedores, marine contractors and other waterfront employers may apply for ALMA membership through their insurance broker.
In some cases, the 25-year limit imposed by the Illinois Workers' Compensation Act and the Workers' Occupational Diseases Act is shorter than the medically-recognized time period in which some diseases generally manifest.
Under the Workers' Compensation Act's exclusivity provision, G.L.
Minnesota's Workers' Compensation Act allows for the victims of workplace injuries to be reimbursed for medical expenses.
To place that claim beyond the reach of creditors, she listed it as exempt under section 21 of the Illinois Workers' Compensation Act ("the Act"), 820 ILL.
"In this case, however, the commission's unnecessary delays and repeated remands over the almost eight years since Russell filed her change of condition claim frustrated the goals of the Workers' Compensation Act," Few said.
Moreover, he said plans to review the Workers' Compensation Act were ongoing and that stakeholder consultations had been completed and instructions were being drafted for submission to the Attorney General's Chambers.
The Oklahoma's workers' compensation system was reformed in 2013 by the Administrative Workers' Compensation Act. The act created the WCC, an executive branch agency designed to bring accountability and efficiency to the process by replacing the Workers' Compensation Court.
"This case raises the question of what is a 'successful prosecution' in a claim for benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA), so as to warrant an award of attorney's fees to a claimant.See33 U.S.C.
An injury is compensable under the Workers' Compensation Act only when it arises out of and in the course of employment.
He represents clients in a broad range of disputes, with a concentration on maritime personal injury/death and oilfield defense, including claims under General Maritime Law, the Jones Act, the Longshore and Harbor Workers' Compensation Act, and the Outer Continental Shelf Lands Act.

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