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Introduction to Workers Compensation
Workers' compensation protection in the United States varies by state. The purpose of workers' compensation is to provide a fixed amount for compensation when an injury or disability arises during the course and scope employment. The employee does not need to prove fault. The employer and any coworkers are immune from liability due to ordinary negligence. Benefits are provided based on the injury and disability of the worker. If the worker is killed, dependents receive fixed benefits. There are instances of employer wrongdoing that allows for recovery as in a third-party action. Intentional misconduct or gross negligence by an employer are an examples of this.
There are some U.S. federal laws that deal with injuries outside of the state systems. These laws apply to Federal employees and those employed in certain interstate commerce, such as railroad, seaman and longshoremen. The following are the principal Federal statutes applying to workers: Federal Employment Liability Act (FELA),
Longshore and Harbor Workers' Compensation Act, the Jones Act, and the Black Lung Benefits Act.
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