Workers' Compensation Acts

Workers' Compensation Acts
State statutes that
1) require employers to purchase insurance to protect their workers and
2) establish the liability of employers for injuries to workers while on the job or illnesses due to the employment. Workers' compensation is not based on the negligence of the employer; benefits are granted regardless of fault and include medical coverage, a percentage of lost wages, costs of retraining, and compensation for any permanent injury. Coverage does not include general damages for pain and suffering.
Category: Employment Law & HR → Employee Rights
Category: Employment Law & HR → Human Resources

Nolo’s Plain-English Law Dictionary. . 2009.

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. Worker's 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). Worker's' Compensation Acts provide for a system of hearings and quasi-judicial determinations by administrative law judges and appeal boards. However, if worker's' 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 worker's' compensation, but recovery may be subject to a lien for moneys paid out by the workers' compensation insurance company.

Law dictionary. . 2013.

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Look at other dictionaries:

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  • workers' compensation insurance — Insurance coverage purchased by employers to cover risks under workers compensation laws. Such is usually mandated by state acts, unless the employer is self insured. See also insurance …   Black's law dictionary

  • compensation — Indemnification; payment of damages; making amends; making whole; giving an equivalent or substitute of equal value. That which is necessary to restore an injured party to his former position. Remuneration for services rendered, whether in salary …   Black's law dictionary

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  • compensation — com·pen·sa·tion /ˌkäm pən sā shən/ n 1: the act of compensating 2 in the civil law of Louisiana: the ending of mutual obligations between two people for money or quantities of fungible things usu. by operation of law but sometimes by an agreement …   Law dictionary

  • employers' liability acts — Statutes (e.g., Federal Employer s Liability Act; Workers Compensation Acts) defining or limiting the occasions and the extent to which public and private employers shall be liable in damages (compensation) for injuries to their employees… …   Black's law dictionary

  • employers' liability acts — Statutes (e.g., Federal Employer s Liability Act; Workers Compensation Acts) defining or limiting the occasions and the extent to which public and private employers shall be liable in damages (compensation) for injuries to their employees… …   Black's law dictionary

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