Answers To Workers Compensation Questions
The answers to workers compensation questions below are from this Cutcompcosts article from last week. The theme is Workers Compensation Outside the US. Follow the link to the original article for the questions. Thanks. The pic has nothing to do with WC. I just liked it. The pic is from a local animal rescue conservatory that I visit often- that is the famous Arthur the Tiger.
- Yes, China does have a Workers Compensation system. The system is a monopolistic system as it is administered by the central government. It is similar to our Social Security Disability system. The benefit calculations are more complicated than the US. The treating medical system seems to have an element of corruption throughout.
- The coverage is called USL&H (United States Longshore and Harbor Workers Act) There are a different set of rules for this coverage. In fact, the US Department of Labor has a complete chapter (Chapter 18) devoted to this coverage. The states cannot modify the Federal Act. The states, however, may have their own maritime WC laws on a state level. Interestingly, certain employees have the choice of filing under the State Act, Federal Act, or in California, under both.
- The Jones Act is very important to claims adjusters, underwriters, and agents. Inland navigable waters can be a river, lake, or other bodies of water. Some Workers Comp agreements and policies may exclude this coverage. The Jones Act is federal legislation that protects American workers injured at sea. There is much confusion over where. Also referred to as the Merchant Marine Act of 1920, this law allows qualifying sailors who have been involved in accidents or become sick while performing their duties to recover compensation from their employers. Pursuant to the act, negligence claims can be brought when an injury results from the careless acts of an employer or coworker. Ship owners can also be liable if an accident is caused by the unsafe condition of their vessel. And no matter how or why a sailor was injured, certain medical and living expenses must be paid.
- The Defense Base Act (DBA) is a different set of Workers Comp rules/laws for persons in any branch of the Armed Forces while on base and certain subcontractors. As the DBA can be complicated follow this link to a Cutcompcosts article on the DBA.
- Employers do not necessarily have to buy Foreign Voluntary Workers Compensation coverage. However, it may be a good idea and will lower your WC risk as an employee that is injured in a far off venue may have basic coverage provided by their home state. There are many complexities to an international WC claim that are not foreseen by local WC rules. A few years ago, J&L assisted an employer that had an injured employee in an island country. The claims process became very messy as there was no voluntary coverage.
- No, Workers Compensation actually started by ancient Sumerians. They even had Permanent Partial Disability payments (PPD)! These laws were found on ancient tablets. This predates the Wisconsin WC systems by thousands of years!
- Does NCCI, WCIRB, and the other rate bureaus have special rates for foreign workers or countries? Bonus – Google
- Do any countries provide 24-hour healthcare including WC for their citizens? Bonus – Google
On the last two answers to workers compensation questions, those I have left for you to explore. Google them and analyze the results. If you still cannot find the answers, drop me a note to [email protected]
I was going to finish the last two. The article is longer than the concise articles I like to write in this blog.
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