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Employment Accidents -- An Overview

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Three Department of Labor (DOL) agencies have responsibility for the administration and enforcement of the laws enacted to protect the safety and health of workers. These are the Occupational Safety and Health (OSH) Act, the Mine Safety and Health Administration (MSHA) and the Fair Labor Standards Act (FLSA), which contains rules concerning the employment of workers under the age of 18. Almost every state has a workers' compensation department, the benefits under which vary from state to state. OSHA or OSHA-approved systems regulate safety and health conditions in most private industries. Nearly every employee comes under OSHA's jurisdiction. There are some exceptions such as miners, some transportation workers, many public employees, and the self-employed. In addition to the requirements to comply with the regulations and safety and health standards contained in the OSH Act, employers subject to the Act have a general duty to provide work and a workplace free from recognized, serious hazards.



The Act requires each employee to work in an environment that is free from hazards that may cause injury or death. Also, included in the Act is information about occupational safety and health standards.

The Department of Labor has an Employment Standards Administration division (ESA) whose mission is to enhance the welfare and protect the rights of workers. ESA is divided into four different programs to help employees receive workers' compensation, such as the Office of Workers' Compensation Programs. Workers who are injured while on the job, who have been injured in association with their job or who have safety or health issues directly related to their job may be covered under workers' compensation. Workers' compensation is a system of laws outlining specific benefits to which an injured employee is entitled, including lost wages and medical expenses. Additionally, it is an imperative safety net per se when a worker is injured during working hours or because of their job.

The specific issues associated with each case must be explored to determine the benefits an employee may be entitled to receive. In addition, depending upon the type of accident and injury, the worker may also be able to file a personal injury suit against one or more of the contractors involved, which does not affect workers' compensation claims or benefits.
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