Employment Accidents Compensation Act

Employment Accidents Compensation Act

Introduction

Employee's rights over the past 100 years have grown. Employees have earned these rights through labor disputes and accidents in the workplace. Lawmakers have decided to put laws in place to protect the employee and the employer. A few laws that have been passed and being enforces is the Family and Medical Leave Act (FMLA), Occupational Safety and Health Act (OSHA), and Workers CompensationFMLAThe FMLA was signed into law in 1993 to assist families with temporary medical leave under specific circumstances (U.S. Department of Labor, 2007). The act was signed by President Bill Clinton. The Family Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave each year for. Reasons for eligible employees may be situation such as: the birth and care of a child; placement of a child for adoption or foster care; to care for an immediate family member such as a spouse, child, or parent who has a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition. The FMLA does not guarantee that the time off will be paid, however, it does ensure the 12 weeks will be allotted for the employee to take off work.

The statute excludes employees at any worksite when the company has fewer than 50 employees. To be eligible for the Family Medical Leave Act time off, the employee must have worked for the employer for a total of 12 months, and has worked at least 1,250 hours over the prior 12 months, and work at a location in the United States where at least 50 employees are employed by the employer within 75 miles of the main location.

Workers Compensation

Workers' Compensation is a mandatory insurance, paid for by the employer who provides monetary benefits and medical care if an employee becomes disabled because of injury as a result of an accident, injury or occupational disease on-the-job. All employees are covered by the Workers' Compensation Law. Workers' compensation exists to protect workers and their dependents against the hardships from injury or death arising out of the work environment. The benefit to the employer for paying this insurance is the employee receives money and medical benefits in exchange for forfeiting the right to sue the employer. (Workers Compensation, n.d) If an employer does not obtain the required workers compensation coverage and an accident occurs, the injured employee can either file a lawsuit against the employer or file a claim against the state workers' compensation system. (Workers Compensation, n.d)Workers Compensation administers four disability compensation programs that provide wage replacement benefits and medical treatment to employees who have been hurt or got sick from a job. 1) Division of Federal Employees' Compensation (DFEC) provides coverage to federal and postal workers for employment related injuries and occupational diseases. 2) Division of Energy Employees Occupational Illness Compensation (DEEOIC) provides coverage to employees of the Department of Energy (DOE), its contractors and subcontractors, and so ...