Workers compensation is a sort of insurance policy that is promised by employers to their employees. If someone is at work and they sustain some sort of work related injury then the employer will make some concessions to that worker. These can be in the form of health care, continued payment, or even in the form of a death payment to the workers next of kin. The purpose of this is to relieve the burden from the injured worker and make things easier on them because their injury is the fault of the employer.
However, this relief does come at a price. In order to receive workers compensation benefits the worker must sign a release that forfeits their right to sue the employer for negligence or any other tort claim. This generally means that claims for pain and suffering and punitive damages are rarely seen in workers compensation cases.
The amount of the workers compensation package will be dependent on quite a few things. First, it will be dependent on how the worker was injured in the first place. The more egregious the employers lapse in judgment or the more outrageous the negligence was the higher the package tends to be. This is all done in an attempt to avoid litigation. Second, it will depend on the type of injury. If the worker was killed due to the negligence of the employer this will needless to say be a high payout. However, it the worker has only been slightly injured and can still work in some capacity that they are reasonably qualified for by reason of the experience, education or training then the payout will be less. In a situation like this the worker may be put on light duty and given a desk job for the time being.
Worker compensation laws are anything but uniform. They can vary greatly depending on what state would are working in at the time of the injury. Each state has separate laws that govern workers compensations. The federal government also has its own separate set of WC laws for its workers. The law can have a great affect on the payout and options of the worker. As such it is advisable to contact a local attorney for assistance in any workers compensation case that may arise.
From the employers side
There is insurance that employers can get that will protect them in the event that one of their employees is injured on the job. This insurance will help the employer pay for the medical cost, lump sum payments, or continued salaries that may be associated with a WC claim.
As a waiver of rights and a release that forces the worker to promise not to sue is generally a prerequisite to receiving any workers compensation benefits it is very advisable that the worker should contact a local attorney to discuss their options and access if taking a worker?s compensation package is a good deal or if the worker would have a better time suing the company. This would allow the worker to collect punitive damages as well as damages for the pain and suffering that they endured during their ordeal.
Source: http://www.wvqualitycoalition.org/workers-compensation-overview/
prosperity yellow cab japan earthquake bosom buddies anderson cooper andrew bynum diplo
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.