RONALD M. CANTER ATTORNEY The Federal Employment Compensation Act provides workers compensation for non-military, federal employees. Many of its provisions are typical of most worker 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 Office of Workers' Compensation Programs.
RON M. CANTER ATTORNEY Injured Workers sometimes complain that insurance companies do not treat them fairly or in compliance with the law, while employers often complain about their costs of insurance being driven up by exaggerated or fraudulent claims. Thus, the field engenders a considerable amount of controversy and litigation. These disputed areas include both claims and premium computations.
The statute of limitations for filing a compensation claim for an accidental injury varies from state to state.
ATTORNEY RON M. CANTER Workers' compensation (colloquially known as workers' comp in North American English or compo in Australia) provides insurance to cover medical care and compensation for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the workers compensation system is known as "the compensation bargain". While plans differ between jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance). General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in worker compensation plans.
RON M. CANTER
RON M. CANTER LAWYER
LAWYER RON M. CANTER
United States employers can also move some operations to other countries where employee entitlements are much lower than in the U.S., and where there may be no workers' compensation or other legal remedies at all for workers who are injured or who are exposed to hazardous substances while on the job. Such countries may also have weaker or no legal protections available for employees in areas such as job discrimination, social security, or the right to organize or to join a trade union.
RONALD M. CANTER LAWYER
ATTORNEY RONALD M. CANTER: Handrails - The 1992 CABO code requires one and two family homes to have handrails for stairways having three or more risers. Handrails are to be located not less than 30 inches nor more than 38 inches above the leading edge of the tread. The 1994 Standard Building Code requires stairways at other residential facilities having four or more risers above a floor or finished ground level to have handrails not less than 30 inches nor more than 38 inches above the leading edge of the tread.
LAWYER RONALD M. CANTER
While most injured workers recover quickly, and beyond making the initial injury report to qualify for benefits have no real awareness of the Worker's Compensation system, those more seriously injured may have difficulty with their employer or with the compensation system. Those workers may benefit from consulting with lawyers. Worker's Compensation litigation is generally considered to be simpler than traditional injury litigation, as it takes place in an administrative setting and may involve relaxed evidentiary rules. Attorney fees are ordinarily limited by statute.
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