USCC Workers Comp 2023 - 5

INTRODUCTION
Overview of the Analysis
The charts on the following pages present the statutory
provisions of workers' compensation laws as of Jan. 1, 2023,
unless otherwise noted. The charts detail the provisions of
the laws of the federal, state, and territorial jurisdictions
of the U.S. (including the District of Columbia, American
Samoa, the U.S. Virgin Islands, Federal Employees'
Compensation Act (FECA), and Longshore and Harbor
Workers' Compensation Act (LHWCA)), as well as the
federal, provincial, and territorial laws of Canada.
The charts do not cover the Federal Black Lung Act, the
disability provisions of the Social Security program, the
Federal Employers' Liability Act (Jones Act), or veterans'
benefits. Also, please note that District of Columbia
government employees are covered by a separate local
enactment that replaces FECA. The law for the district's
government workers is not charted except where it differs
materially from FECA (Charts XI and XV).
Employees of the Canadian federal government and most
Crown Agencies are compensated under the Government
Employees Compensation Act. This act is administered
by Human Resources and Skills Development Canada.
Compensation is paid by the Workers' Compensation Board
(WCB) for the province where the worker is usually employed.
Government employees residing in the Northwest Territories
or Nunavut may receive compensation in accordance with the
Alberta Act. In view of this arrangement, the charts do not
include the Government Employees Compensation Act except
where it differs materially from the provincial acts.
The charts are grouped into three categories:
* Coverage of Laws, listing the various requirements
pertaining to employment, injuries, and diseases (Part 1);
* Benefits Provided, detailing the required income
replacement benefits and medical benefits (Part 2); and
* Administration of Laws, grouping the many
administrative requirements and safeguards (Part 3).
All provisions presented by the charts required study and
interpretation to reduce them to the brief statements found in
the charts. In some instances, space does not permit sufficient
explanation to clarify all points. In such cases, it may be
helpful to examine the text of the law itself. In addition, the
Analysis uses each state's preferred terminology. As a result,
abbreviations and wording may vary among the state charts.
History of Workers' Compensation and
Employers' Liability
Workers' compensation laws are designed to provide a
satisfactory means of handling occupational disabilities. These
laws, a 20th-century development in North America, evolved
as the economy became more industrial and less agricultural.
Before these laws were enacted, a well-established commonlaw
principle held that an employer was responsible for injury
or death of employees resulting from a negligent act. Thus,
workers with disabilities who sued employers for damages had
to prove their injuries were due to employer negligence-a
slow, costly, uncertain legal process. As business enterprise
and machine production expanded, the number of industrial
accidents and personal injury suits increased. At the close of
the 19th century, it was apparent that the accepted commonlaw
defenses (contributory negligence, assumption of risk,
negligent acts of fellow servants) operated too harshly on
claims of workers with disabilities. The situation led to
demands for legal provisions.
As a result, between 1900 and 1910, so-called employers'
liability laws were adopted by many states. Although they
tended to modify common-law defenses, the laws did not
prove completely satisfactory; employees still had to prove
employer responsibility and negligence. Other legal remedies
were urged.
A new answer was forthcoming. In 1911, the first workers'
compensation laws were enacted in the U.S. on an enduring
basis. The first comprehensive Canadian laws were enacted in
1915.
Today, each of the 50 states, along with Puerto Rico,
American Samoa, and the U.S. Virgin Islands, has a workers'
compensation law. Federal workers' compensation laws have
also been enacted, e.g., the District of Columbia Workers'
Compensation Act, the Federal Employees' Compensation
Act (FECA), and the Longshore and Harbor Workers'
Compensation Act (LHWCA), the latter providing for
private and public employees in nationwide maritime
work. Each of the Canadian provinces and territories has a
compensation act or ordinance as well.
In essence, workers' compensation laws hold that industrial
employers should assume costs of occupational disabilities
without regard to any fault involved. Resulting economic
losses are considered costs of production chargeable, to the
extent possible, as a price factor. The laws serve to relieve
employers of liability from common-law suits involving
negligence.
2023 Analysis of Workers' Compensation Laws | 5
USCC Workers Comp 2023

Table of Contents for the Digital Edition of USCC Workers Comp 2023
