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 State
laws provide that employers must obtain insurance to cover claims brought by
employees for employment-related injuries. These laws also set up state funds
to cover claims where an employer has failed in its statutory duty to insure.
Each state has a Workers' Compensation
Office that ensures compliance.
The
core concept of worker's compensation is that the employee is guaranteed a fixed,
albeit limited monetary award without having to prove that the employer was
at fault. See Office of Workers' Compensation Programs (OWCP), State Workers'
Compensation Laws [HTML].
In exchange for funding the scheme the employer enjoys immunity from most law
suits that would be brought by an injured employee. In some situations there
may be complex interactions between worker's compensation and social security
disability. See SSA How Worker's Compensation And Other Disability Payments
May Affect Your Benefits [HTML];
SSA, Rulings concerning reductions in SSA Disability because of Worker's Compensation
Payments [HTML].
Issues
such as whether the injury for which compensation is claimed arose out of and
in the course of employment are addressed by
that is extremely fact-intensive.
Federal
worker's compensation systems apply to certain limited classes of government
and non-government employees. See generally workers compensation: an overview
[LII].
The Department of Labor, OWCP [HTML]
administers federal worker's compensation programs and the U.S. Department of
Labor, Occupational Safety & Health Administration (OSHA) [HTML]
is responsible for workplace safety issues.
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