Summary
The chapter examines compensability of injuries, including the legal requirement in most states that the disabled worker must have a personal injury by accident that arises out of employment (AOE) and in the course of employment (COE) in order to qualify for workers’ compensation benefits. The chapter also discusses compensability of diseases, including the limitations on coverage and the Federal Coal Mine Health and Safety Act of 1969 (known as the Black Lung Benefits Act) which provides benefits for coal miners with black lung disease who could not qualify for state workers’ compensation benefits. The relationship between tort suits and workers’ compensation is also examined, including the general rule that workers’ compensation is the exclusive remedy for workers disabled by work-related injuries and diseases.
Citation:
C. Arthur Williams and Peter S. Barth, “Major Issues of Workmen’s Compensation Law,” Chapter 12 in Compendium on Workmen’s Compensation (Washington, DC: National Commission on State Workmen’s Compensation Laws, 1973.)