WORKER SAFETY LAWS

• The Occupational Safety and Health Act, 29 U.S.C. §§ 651, et seq. This statute required the creation of a complex body of regulations concerning worker safety which is administered by the Occupational Safety and Health Administration ("OSHA").

• State Workers' Compensation Laws. These laws provide injured employees with medical, lost wages, and permanent/temporary impairment benefits on a "no fault" basis. The benefit to the employer arising from these laws is that Workers' Compensation laws is intended to "preempt" the employee from suing on claims against the employer for negligence or other legal theories.

• State Safety Laws. Many states also regulate worker safety -- similar to OSHA.

• ADA and FMLA Concerns. The interplay between Workers' Compensation, the ADA, and the requirements of the FMLA is complex. The key is to address each statute individually as it applies to your situation.