WORKER’S COMPENSATION

Jason Maluchnik

• Worker’s Compensation is not the result of a federal law or act.

• Worker’s Compensation is not covered by the EEOC or the Department of Labor.

• Worker’s Compensation is provided by the employer and is covered by an insurance policy purchased by the employer.

Important Facts

• An employee who is injured on the job is entitled to medical treatment and income compensation.

• Employees who accept worker’s compensation waive the possibility of lawsuits against the employer.

Worker’s Compensation

• Employees receive 400 weeks (7 years 9 months) of worker’s compensation.

• Employees are covered from the first day on the job.

• Benefits begin after 7 working days unless missed time exceeds 21 working days.

• Compensation for lost wages is 66% of income.

Worker’s Compensation

• Each state has its own rules and laws regarding minimum number of employees and exempt employee categories.

• Federal and state employees are covered under a separate worker’s compensation program. (Federal Employees Compensation Act)

Enforcement

• Georgia and Alabama enacted the first Employer Liability Acts in 1855.

• Germany in 1884, Austria in 1887, Norway in 1894, Finland in 1895, the U.K in 1897.

• Maryland in 1902, Federal Employees in 1906, all U.S. States by 1949.

• Prior to Germany’s 1884 Act, employees had to prove malice or negligence on the part of the employer.

History

• Employment Law in a Nutshell, 3rd Edition – Robert N. Covington

• The American Bar Association Guide to Workplace Law, 2nd Edition – American Bar Association

• Worker’s Compensation Training Module – David Schmidt, VSU Employee and Organizational Development

Credits