Newsletters

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.

Compensation for Federal Employees

As opposed to state Workers' Compensation Acts, federal employees who receive on-the-job injuries are specifically covered by the Federal Employee Compensation Act (FECA). FECA operates much like state statutes; it outlines a no-fault system that provides federal employees with fixed benefits in exchange for the loss of the right to sue the government. FECA covers both the disability and death of a federal employee, and outlines the types of benefits available to a federal employee in either event.

Workers' Compensation Terms

Arising Out of and in the Course of Employment

Pre-Employment Injuries

Generally, compensation will be denied for injuries incurred prior to an employee being actually hired. However, courts have tended to reject form over substance and allowed compensation when the employee was hired though he had not finished the full hiring process such as completing the employer's business paperwork like payroll and tax forms. Compensation turns on whether a contract of hire has been entered into between the employer and potential employee -- an express or implied contract will suffice.

Violation of Law or Commission of Crime

As a general rule, an employee is not necessarily withdrawn from workers' compensation eligibility if he is injured while violating a law or committing a crime in furtherance of his job duties. Most often, the violation of a law or commission of a crime will affect an employee's receipt of benefits if, in the applicable state, it constitutes "wilful misconduct" or is the subject of its very own statutory provision giving a defense to the employer. The violation of a statute does not ipso facto equal "wilful misconduct." Rather, flagrancy and knowledge on the part of the employee are generally required for an act to rise to the level of "wilful."

Becoming "Insured" for Social Security Disability Insurance Benefits

An individual becomes "insured" and thereby eligible for Social Security Disability Insurance (SSDI) benefits by earning Social Security credits and paying Social Security taxes, which are deducted from the individuals' paycheck. The credits are allocated to individuals based on the amount of their earnings. For each $ 900 earned in 2004, the individual is given one credit. A maximum of four credits can be earned for the year. The earnings-to-credit ratio is adjusted each year to take into account earnings increases. Once earned, an individual's credits are forever attributed to them even if they have periods of unemployment or change jobs.