Uploaded on Dec 25, 2025
As employment law and workers compensation law are both related to people and their work place it is common to use them interchangeably. But they are key distinctions between these areas of law.
Employment Law Vs Workers Compensation Law
Employment Law Vs Workers
Compensation Law
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As employment law and workers compensation law are both related to people
and their work place it is common to use them interchangeably. But they are key
distinctions between these areas of law.
Employment law deals with factors such as:
Discrimination: Employers cannot treat employees differently according to
color, gender, race, religion, disabilities and origin.
FMLA violations: Employers with more than 15 employees must follow the
FMLA regulations that basically entitles individuals to 12 weeks of unpaid leaves
if the employee has certain reasons for medical conditions.
OSHA: Occupational safety and health administration violations are the federal
safety violations when an employer neglects to shield military base employees,
offshore and long shore employees, federal staff etc.
Harassment: This includes any behavior meant to upset or disturb an employee
at work place.
Wage and hour disputes: These disputes include failure to pay, unpaid time
and illegal distribution of tips during tips. Problems involving freelance
contractors, mis-classification of employees also falls in to this employment
category.
Retaliation: Federal laws prohibit entities from reciprocating against a person
who participates in discrimination, opposes an unlawful employment practices
and files a charge of discrimination.
Workers compensation laws:
Workers compensation provides insurance cash benefits or medical care for
employees who become ill or injured as a result of their job.
Employers pay for this and shall the employee is not required to contribute to
the cost of compensation.
In a workers compensation none of the parties is determined as a culprit and the
amount the claimant receives is not increased by the employers fault or
employees carelessness
However the employee loses their right to workers compensation if the injury
results from his/ her intoxication from alcohol or drugs or the intent to injure self.
Workers compensation is specially designed to ensure that employees who are
disabled or injured on the job are eliminated with the need for litigation by
providing fixed monetary awards. Also they provide benefits to dependents of
those employees who are killed because of work related illnesses and
accidents.
Some laws also protect employers and workers by limiting the amount an
injured worker can recover from an employer and by eliminating the liability of
coworkers in most accidents.
Federal statutes are limited only to federal employees or workers employed in
some aspect of interstate commerce.
Few laws under workers compensation act:
Federal employment liability act(FELA): it provides that rail roads committed in
interstate commerce are responsible for injuries to their workers if they have
been negligent.
Merchant marine act provides sea men with the protection from worker
negligence as FELA provides to rail road workers.
The federal employment compensation act: It provides compensation for federal
and non military employees. It acts covers expenses due tot disability and may
require the worker to undergo job retraining. A disabled employee receives two
thirds of his/ her monthly salary and may receive more amount for permanent
physical injuries.
Black lung benefits act provides compensation for miners suffering from black
lung. This act requires liable mine operators for disability payments and also
establishes fund by the secretary of labor.
The long shore and harbor workers compensation act provides compensation to
employees of private maritime employers.
The above article gives information about employment law and workers
compensation act.
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