Over 130 million private and public sector employees in the United States are covered by some form of a workers’ compensation system. However, the rules, details, procedures and specifics of each state are different. In addition, there are federal workers’ compensation programs. Such as the Federal Employees’ Compensation Act (FECA), Longshore and Harbor Workers Compensation Act (LHWCA) and the Defense Base Act (DBA). Each of these federal workers’ compensation systems also have different rules and procedures. This article is by a workers’ compensation lawyer.
All of the U.S. workers’ compensation systems are no-fault systems. In other words, they provide benefits to workers for injuries or illnesses related to employment without considering the culpability of any one party. Which means workers are entitled to workers’ compensation benefits even if their own negligence caused their injury.
All United States workers’ compensation systems have some similarities. Every workers compensation system in America provides for limited wage replacement and medical benefits for workers who are injured or become ill on the job. Each of these systems also provide survivors benefits to the families of workers whose death arose in the course and scope of their employment.
All workers’ comp systems in the United States provide for medical treatment for injured workers. And all provide temporary disability benefits to injured workers.However, the benefits provided by the respective workers’ compensation systems all differ. The big difference among the workers’ compensation systems in the United States are the permanent disability benefits provided.
With permanent disability there is a huge difference in benefits. Let’s take two workers’ compensation systems and compare them. For example, compare the federal Longshore and Harbor Workers Compensation Act / Defense Base Act systems with the State of California workers’ compensation system.
Let’s compare hypothetical workers in both systems. Suppose we compare workers with the same back injury. Here, a non-surgical back injury. A California worker who has a disabling back injury which prevents them from returning back to work in their usual and customary occupation under the State of California system may have a “money value” of $5,000. Or even less.
Under the LHWCA (Longshore Act) and the DBA (Defense Base Act); the exact same injury is based upon a wage loss concept. Thus, the present cash value of a permanent disability claim for worker with a maximum compensation rate may be in excess of $800,000, or more.
Of course, there is a huge difference between $5,000 and $800,000. And this is certainly not to suggest that every LHWCA/ DBA claim has this kind of value. And we are not trying to suggest that all California workers’ compensation claims have this limited value. What we are trying to suggest is there is a big disparity in workers’ compensation systems. Some workers’ compensation systems, like California’s are exceedingly unfair to injured workers and their families.
Disclaimer
This article is not legal advice. We are simplistic in order to achieve clarity. Your case or situation may differ from those described in this article. If you have a serious workers’ compensation injury you are advised to retain a seasoned workers’ compensation attorney that has experience with the workers’ compensation system your case falls under. For example, if you have a Defense Base Act case, you need a seasoned Defense Base Act Lawyer. Finally, whenever you bring a workers’ compensation case, your credibility is at issue. Which means that if you get caught in a lie, you will usually lose your case. Always tell the truth. Always.
