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)

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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.
The most they can do is to process compensation for the victim's family under the Sindh Workers Compensation Act 2015.
Mr Kgotle told the traders that the Workers Compensation Act required employers to insure their employees because failure to do so was a crime that attracted fines amounting to P5 000 or imprisonment not exceeding three years or both.
As explained below, the exclusive remedy provision of the Workers Compensation Act (the Act), WIS.
This dedication has caused them to go above and beyond the legal requirements of the Workers Compensation Act and Occupational Health and Safety Regulations which has led to Leavitt Cranes becoming COR certified in British Columbia.
However, the government did not acknowledge Weaver's bill, instead they amended the footwear rules at the workplace under the province's Workers Compensation Act in 1996.
Typically the law makes a statement such as all employments are subject to the workers compensation act with certain exceptions.
Recognizing that state workers compensation systems were not adequate to protect all workers; for example, laborers working on waterways and on federal lands, the federal government enacted legislation such as the Longshore and Harbor Workers Compensation Act, the Jones Act, and other legislation protecting federal workers or workers on federal lands.
He focuses on Longshore and Harbor Workers Compensation Act and the Defense Base Act in addition to his personal injury work.
Thus, contractors must be in a position from the outset to fully defend the alleged injury and provide treatment per the state's workers compensation act.
In most cases you will need to advise the insurer of a change of nominating treating doctor, however, as per section 47 (4) of the Workplace Injury Management and Workers Compensation Act 1998 you can nominate a medical centre as your nominated treating doctor.

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