Workers’ Compensation Laws – Do They Really Protect Workers from Serious Work Accidents?

It Is Justice, Not Charity, Which Is Needed In The World!!!

workers compensation law

Workers compensation law is the system of regulations in every state mandated to pay expenses of employees who get harmed during job-related duties. Employees may recover lost wages, medical expenses, disability payments, and costs relating to rehabilitation and retraining programs. The system is controlled by the state and funded by compulsory employer contributions. Government employees have access to a similar program.

States have enacted workers compensation laws to replace traditional personal injury litigation, in an attempt to remove risk for both the employee and the employer. Outside of a workers’ compensation system, employees who become injured or sick due to their employment must file a lawsuit and prove their employer is responsible. This can result in delays, and there is a possibility the employee will lose the court case and recover nothing.

From the employer’s perspective, workers’ compensation eliminates the possibility of litigation that could lead to a large damage award. Even though the employer acts on assumption and an employee is hurt or killed, the employer will only be responsible for its ordinary contributions into the system (although its rates may increase following such an incident). In essence, workers’ compensation is an insurance program, made compulsory by the government.

In exchange for the certainty it provides, the workers’ compensation system carries a price for workers and employers. Workers are barred from suing their employer or coworkers for negligence, and they stand to recover much less compensation than they might in a lawsuit. For employers, the primary drawback is the premiums charged by the state. This added payroll expense must be paid regardless of whether a workplace accident ever occurs.

Every state provides certain exceptions, allowing workers to go through the workers’ compensation statutes and file a lawsuit for damages. These include situations in which the employer or a coworker has intentionally caused harm to the worker. Exceptions may also exist for workers injured by defective products, or exposed to toxic substances. Furthermore, workers are free to file suit against third parties, such as drivers, landowners, and subcontractors.

Despite the fact that workers’ compensation premiums account for less than 2% of the average employer’s cost of doing business, these cases can become highly contentious when employers feel workers are seeking benefits they do not deserve. The situation can easily deteriorate, rightly or wrongly, into a “matter of principle” for the employer. Injured workers facing such an obstacle may feel over matched and vulnerable.

The best way for an employee to protect his or her rights under the workers compensation law system is to retain legal counsel. An attorney specializing in this area of the law will be accustomed to dealing with emotionally-charged proceedings and employers who may not have their worker’s best interest in mind. Moreover, an attorney will know how to present the case in a way that maximizes the amount of money and other benefits the employee receives.
Reference: https://www.hg.org/workers-compensation-law.html