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domestic sovereigns

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Within the United States, Indian tribes, pueblos, and nations are domestic sovereigns. There are more than 500 federally recognized American Indian tribes that are domestic sovereigns.

Under the United States Constitution, their rights to self-rule include most economic and employment activity of the tribes, including on-reservation activities of non-Indians and off-reservation activities of tribal enterprises. Where conflicts arise, various federal laws and US Supreme Court decisions balance these rights against those of states where the domestic sovereigns are located.

Federal law says that state workers compensation laws apply to injuries occurring with Indian lands. However, these laws also allow an exemption for those who voluntarily agree to submit to tribal law. Today, most non-Indian employees of tribal enterprises, such as those employed by Indian gaming establishments, have agreed to handle their workers compensation claims inside the tribal courts.

While various laws attempt to create Indian systems that provide WC benefits equivalent to those of state systems, significant differences remain, and the sovereignty of the tribal courts results, in many cases, in a distinctly separate WC system for each tribe. One key difference occurs when some domestic sovereigns do not recognize WC benefits as the exclusive remedy of the worker against the employer.

 

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Copyright 2004-2010 Gary Hinson. All Rights Reserved.

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