Chapter 17
Workmen's Compensation
Workmen's compensation traditionally a state responsibility
1.
Workmen's compensation laws in effect in all fifty states,
District of Columbia, and Puerto Rico
Two federal laws also cover workmen's compensation
a.
The Federal Employees Compensation Act
b.
Longshoremen's and Harbor Workers' Compensation Act
Analysis of existing legislation relating to coverage of radiation
injuries
L.
Type of law
a.
First test is type of coverage provided
b.
Compulsory coverage requires every employer within scope
of act to accept its provisions (29 laws)
c.
Elective coverage
(1)
Permits employer and employee to accept or reject
provisions of law
(2)
If elective, radiation injury may or may not be
covered (25 laws)
Three methods for guaranteeing payment of benefits
a.
Insurance with authorized insurance company
b.
Self-insurance requires proof of qualifications
ec.
Insurance with state fund
Extraterritorial coverage
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