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Workers’ Compensation

Under California law, all employers are required to provide workers’ compensation insurance for their employees. In the event of a work-related injury or illness, the policy will cover all approved medical costs, temporary and permanent disability payments and death compensation. It also covers additional expenses and legal costs in situations of potential employer negligence and occupational injury lawsuits.

Workers’ compensation laws protect people who become injured or disabled while working at their jobs. The laws provide the injured workers with fixed monetary awards, in an attempt to eliminate the need for litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. State statutes establish this framework for most employment. Federal statutes are limited to federal employees or those workers employed in some significant aspect of interstate commerce.

State and Federal Laws Related to Workers’ Compensation

There are both federal laws and state laws which relate to workers’ compensation.

Federal Law

The Federal Employment Compensation Act provides workers’ compensation for non-military, federal employees. Many of its provisions are typical of most workers’ compensation laws. Awards are limited to “disability or death” sustained while in the performance of the employee’s duties but not caused willfully by the employee or by intoxication. The act covers medical expenses due to the disability and may require the employee to undergo job retraining. A disabled employee receives two-thirds of his or her normal monthly salary during the disability and may receive more for permanent physical injuries or if he or she has dependents. The act provides compensation for survivors of employees who are killed. The act is administered by the United States Department of Labor.

State Law

Title 8 of the California Code of Regulations provides an example of a comprehensive state plan for workers’ compensation. It is applicable to most employers. The statute limits the liability of the employer and fellow employees. California also requires employers to obtain insurance to cover potential workers’ compensation claims and sets up a fund for claims that employers have illegally failed to insure against.

Worker’s Compensation.

Healthcare Marketplace – If you or someone you know has a medical condition not related to a workers’ compensation injury or illness and doesn’t have health insurance, or if you are a physician treating someone without health insurance, please go to Health Insurance Marketplace to learn about the Health Insurance Marketplace created under the Affordable Care Act.

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