Specialty Workers' Compensation Coverage
The
Migrant and Seasonal Agricultural Worker Protection Act does not require employers
to maintain workers' compensation coverage, but allows workers to sue in its
absence. Employers are required to insure vehicles in which workers ride to a
federally mandated standard.
Federal Employers' Liability Act (FELA) concerns railroad workers who work on
interstate railroads or intrastate rails which connect ti interstate systems.
The interstate nature of the rail system required a non-state application of
workers' compensation laws.
FELA allows workers to sue their employers for negligence without allowing the
employer the traditional common law defenses like assumed risk or contributory
negligence. A comparative negligence standard is used.
The Merchant Marine Act of 1920, better known as the Jones Act, essentially
extends FELA benefits and standards to maritime employees. The same recoveries
and rights are available to employees and their survivors.
Death on the High Seas Act adds remedy for the survivor family members when an
employee dies more than three miles off shore from any state. Seaworthiness of
the vessel, negligence, wrongful acts or other torts generally cause this act
to be enforced. Remedies are similar to the Jones Act and FELA.
Remedies for injured employees include Maintenance and Cure. Essentially, since
the vessel at sea provides food and shelter for the employee, an injured
employee is entitled to food, lodging and medical care until the maximum
medical cure has been achieved. This standard of care is no fault in nature.
The employee does not need to sue to perfect this remedy.
Most companies will not be effected by these special situations; however,
consider the globalization trend and worldwide commerce of very small firms. Be
aware of maritime compensation or railroad shipping if you plan on using these
conveyances, or invest in them. Other industries that cross state or national
lines may be subject to specialty remedies in the future.