2019 Analysis of Workers' Compensation Laws - 5

INTRODUCTION
Highlights of the Analysis
From 2018 to 2019, maximum income benefits for total
disability increased an average of 4.51% in the U.S.,
excluding American Samoa, the Federal Employees'
Compensation Act (FECA), and the Longshore and Harbor
Workers' Compensation Act. The average maximum weekly
benefit in the U.S. for 2019 is $1,000.49. Iowa makes the
highest benefit payment (excluding FECA), with a weekly
maximum of $1,765. From 2018 to 2019, maximum income
benefits for total disability increased an average of 4.60%
in Canada. Canada's average maximum weekly benefit is
$1,157.50 (Canadian dollars), excluding Manitoba.

Overview of the Analysis
The charts on the following pages present the statutory
provisions of workers' compensation laws as of Jan. 1, 2019,
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, FECA, and the Longshore
Act) 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 D.C. government employees
are covered by a separate local enactment that replaces FECA.
The law for D.C. 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
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.

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
common-law 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
common-law 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, as well as 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, and the Longshore and Harbor Workers' Compensation
Act, 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.

2019 Analysis of Workers' Compensation Laws | 5
2019 Analysis of Workers' Compensation Laws

Table of Contents for the Digital Edition of 2019 Analysis of Workers' Compensation Laws
