There are also some restrictions on the Workmen Compensation Insurance law as laid by the State especially on benefits that are collected by workers that have been injured due to willful misconduct or from intoxication
There are also some special federal laws that provide extra coverage and benefits to various classes of workers:
- The Jones Act- also called as the ‘Merchant Marine Act’ provides protection and coverage to sailors and other sea men .These benefits are aptly called, ‘maintenance and cure’ for employees that have injured themselves while working on any U.S flagged vehicles. They normally include daily wages for the injured, food and shelter.
- FELA- the Federal Employment Liability Act- provides coverage and benefits to employees that have been injured as a result of railroad negligence. This could include his wages and living expenditure.
- The Long shore and Harbor Worker’s Act – LHWCA covers workers of certain classes for the private maritime employer who are injured in a sea travel
- The Black Lung benefits Act- covers workers that have developed ‘black lung’ or pneumoconiosis as a result of working in a mine.
- Asbestos –related injuries : There are certain other acts that also cover employees that have been hurt by asbestos exposure in the industry
Filing lawsuit against the Employer:
An Employee that has been covered by the worker’s compensation Insurance may not file a suit against the employer. There are however a few exceptions in this case. As:
- An employer hurts the employee intentionally
- An employer has failed to carry a worker’s compensation insurance and is not doing so!
Placing a ‘Lien’ on a personal injury case:
‘Lien’ or a ‘subrogation ‘can be placed by the company that is covering the insurance for an injured employer. The insurer then asks for a ‘reimbursement’ from a third party who is also involved in the accident. These kinds of ‘liens’ are allowed in different Sates with different rules and laws. They normally cover the workers costs of lost wages, medical care and rehabilitation
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