New York Workers Comp Law
A employment law with a sole purpose to protect injured workers is called Worker's Compensation. It is also referred to as "Workman's Compensation" or "Worker's Comp" as well. The objective is to make certain that if an individual(s) is injured at work that they receive appropriate medical care, lost wages related to the injury at work, and, if necessary, retraining and rehabilitation to be able to return to the workforce. In the unfortunate event that a worker or workers are killed on the job, family members of the workers are customarily entitled to benefits.
Exclusions From Coverage
Depending upon the jurisdiction, employees may be restricted from collecting benefits if their injuries or deaths result from willful misconduct or from intoxication.
Special Federal Statutes
There are some special federal laws which provide additional protection to certain classes of worker:
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The Jones Act (The Merchant Marine Act) provides seamen with the ability to seek benefits known as "maintenance and cure" when they are injured as a result of their employer's negligence while working on U.S.-flagged vessels.
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The Federal Employment Liability Act (FELA) makes railroads engaged in interstate commerce liabile to employees, where the employees' injuries result from the railroad's negligence.
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The Longshore and Harbor Worker's Compensation Act (LHWCA) provides Worker's Compensation benefits to certain classes of employees of private maritime employers.
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The Black Lung Benefits Act provides compensation to miners suffering from "black lung" disease (pneumoconiosis).
There is a possibility of the creation of a new federal compensation scheme for workers injured by asbestos, who may suffer from asbestosis or mesothelioma as a result of asbestos exposure. At present, asbestos-related injuries are typically handled by private attorneys.
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