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Why is Worker’s Compensation State, not Federal?

by | Dec 24, 2012 | Uncategorized

Currently, lawmakers are debating whether or not they should eliminate all the state worker’s compensation laws and replace them with one federal law. Interestingly enough, there is not even one federal worker’s compensation law at present. Instead, each state regulates this delicate area of law how they want to. This can be confusing, because some states offer higher comp rates than others do.

Some political authorities believe that it would be easier to consolidate the 50 state worker’s compensation laws into one overarching federal mandate. They say that this would make sure that all American families are getting the same amount of compensation. Unfortunately, this may also put some smaller business or less-wealthy states in a predicament.

Worker’s compensation laws started in each state in the 20th century because the needs of the compensation system were very different depending on what state the people were in. For example, New York’s first worker’s compensation law only covered men and women who worked in the factories or were involved in the construction industry. This is because these were high-risk jobs. Many states did not include farming and ranching worker’s compensation in their laws of many years, because they believed that these people had taken on employment at their own risk.

Keeping worker’s compensation on a state level has built-in advantages for union negotiations, and also helps when dealing with insurance laws that are regulated by the state. Whether you are dealing with a worker’s compensation claim or trying to sort out some confusing aspects with a claim that you were already granted, you will want a local attorney to help. Because New York has its own legal statutes regarding worker’s compensation, you want an attorney who is intimately familiar with these guidelines. With an attorney from Katz, Leidman, Freund & Herman on your side, you can get the sound and satisfying worker’s compensation claim you desire. Contact the firm today!