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Workers Compensation Law Questions
Workers compensation law centers on obtaining compensation for an employee or his family when a worker is injured or killed while working.
Workers compensation is usually the only remedy against the employer. Workers compensation protections vary by state, but typically provide for recovery of medical bills and wages, and protect the employer by restricting the amount the employer may have to compensate the worker. Some compensation acts provide for training if an employee is unable to perform his job.
If an employee is a non-military government employee, the Federal Compensation Act defines guidelines for his compensation. Often an employer and employee may evaluate an injury differently and a dispute may arise as to the extent of the injury. Employers may view the injury as less damaging and may be reluctant to compensate employees because of potentially rising insurance premiums.
Workers compensation may also provide benefits to spouses and dependents if a spouse is killed in the course of employment. State statutes require employers to maintain insurance to cover workers compensation claims, but if insurance is not maintained injured parties may be able to apply to a special fund to seek compensation.
Workers compensation can encompass medical expenses, lost wages, compensation for any scars or necessary surgery. Claimants may also apply for a lump settlement in lieu of regular salary payments.
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