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Public Employment

All states provide some measure of workers' compensation coverage for those individuals employed in the public sector. Most states provide protection generally for all public employees. Others, however, identify specifically those public occupations for which coverage is extended. There are several key occupations for which coverage is often extended. These include sheriffs and police officers, firefighters, teachers, and National Guard personnel.

Employee Detours and Deviations From Business Trip

Employees may be called upon by their employer to travel for a business purpose. Such travel is generally considered to be in the course of employment and, if injured, the employee will be entitled to workers' compensation benefits. However, if the employee deviates from the business trip route for a personal reason, he will not be covered by workers' compensation until he returns to the business trip route. Notably, if the deviation is basically inconsequential, the employee may still recover benefits if injured on the minor detour.

"Benefits" Under the Black Lung Benefits Act

Once eligibility under the Black Lung Benefits Act has been established, a totally disabled miner will receive benefit payments equal to a portion of the monthly pay rate for federal employees. Should the miner succumb to the pneumoconiosis disease, his surviving widow will be entitled to the same monthly benefit payment. If the miner has no surviving widow, his single surviving child will also receive the same monthly benefit amount. The benefit amount increases incrementally with each subsequent surviving child. Finally, if there is no surviving widow and no surviving children, the miner's dependent parents or siblings will receive a monthly benefit amount at the children's rate. The receipt of payments pursuant to workers' compensation or unemployment insurance may reduce these beneficiary amounts.

Loaned Employees

Responsibility for the payment of workers' compensation benefits is a joint affair when one employer loans its employee to another employer. If the employee is a party to a contract for hire with the third-party employer, the work performed by the employee is principally for the third-party employer, and the third-party employer controls the details of the employee's work, the third-party employer will be held responsible for workers' compensation benefits should the employee become injured. The element of control is a substantial factor is determining the employment relationship between the parties.

Retaliation and Workers' Compensation

Employer Retaliation