| Three Department of Labor (DOL) agencies have | | | | major programs one of which is responsible for |
| responsibility for the administration and | | | | workers' compensation, the Office of Workers' |
| enforcement of the laws enacted to protect the | | | | Compensation Programs. |
| safety and health of workers. These are the | | | | Workers who are injured while on the job, who |
| Occupational Safety and Health (OSH) Act, the | | | | have been injured in association with their job or |
| Mine Safety and Health Administration (MSHA) and | | | | who have safety or health issues directly related |
| the Fair Labor Standards Act (FLSA), which | | | | to their job may be covered under workers' |
| contains rules concerning the employment of | | | | compensation. Workers' compensation is a |
| workers under the age of 18. Almost every state | | | | system of laws outlining specific benefits to which |
| has a workers' compensation department, the | | | | an injured employee is entitled, including lost |
| benefits under which vary from state to state. | | | | wages and medical expenses. In other words, it is |
| OSHA or OSHA-approved systems regulate | | | | an important safety net for employees when |
| safety and health conditions in most private | | | | they are injured while on the job or because of a |
| industries. Nearly every employee comes under | | | | job. |
| OSHA's jurisdiction. There are some exceptions | | | | The specific issues associated with each case |
| such as miners, some transportation workers, | | | | must be explored to determine the benefits an |
| many public employees, and the self-employed. In | | | | employee may be entitled to receive. In addition, |
| addition to the requirements to comply with the | | | | depending upon the type of accident and injury, |
| regulations and safety and health standards | | | | the worker may also be able to file a personal |
| contained in the OSH Act, employers subject to | | | | injury suit against one or more of the contractors |
| the Act have a general duty to provide work and | | | | involved, which does not affect workers' |
| a workplace free from recognized, serious | | | | compensation claims or benefits. |
| hazards. | | | | In general, workers' compensation benefits |
| According to the Act, every employer shall | | | | provide regular weekly payments, medical |
| furnish to every employee a place of | | | | coverage, vocational training, and other benefits |
| employment that is free from recognized hazards | | | | to workers injured in the course of their |
| that are causing or are likely to cause death or | | | | employment. The basic purpose of the law is to |
| serious physical harm to employees. In addition, | | | | provide prompt compensation for impairment of |
| employers shall comply with occupational safety | | | | earning capacity. The Compensation Act sets |
| and health standards that are included in the Act. | | | | strict deadlines for the processing of the claims, |
| The Department of Labor has an Employment | | | | and imposes penalties on insurers who fail to |
| Standards Administration division (ESA) whose | | | | make timely benefit payments when required. |
| mission is to enhance the welfare and protect the | | | | Employees also have strict timelines for reporting |
| rights of workers. As an enforcement and benefit | | | | injuries or employment related temporary or |
| delivery agency, the ESA is composed of four | | | | permanent disabilities. |