Workers Compensation Law Essay Example | Topics and Well Written Essays - 3500 words

Workers Compensation Law - Essay Example The rule of "assumption of risk" said that when workers were wounded working in "risky" occupations; it was their responsibility for accepting hazardous working circumstances in the first place. The third rule, of "contributory negligence," said that if a worker was even partly to blame for an accident or injury, the corporation also should not be held responsible. As one may picture, most companies were much better prepared than their injured employees when it came to participating in the waiting game of the courts. Since most workers lost, it was usually useless to even try. For this reason it became obvious that workers needed a few measure of protection from the burden of injuries on the job (Matkin, 1985). Workers' compensation is a type of insurance, with the best paid by employers. Each state has its own workers' compensation law and as a result its own set of rules. Additional laws are relevant to railroad workers, federal employees, along with others. Essentially, nonetheless, the laws have a general purpose and consequently have similarities. The main comparison is the "no fault" character of the law. ... In return for prearranged as well as certain benefits, employees renounce the right to sue their employers. In return for certain limits on the amount of the benefits, the employer must offer for all injured workers, even when the injuries could not unavoidably have been prevented. It can be seen that both workers as well as employers "gave up" certain rights when the laws were ratified. An employee might have gotten a much larger quantity of compensation for a severe in-jury under the old technique. Nonetheless, most employees gained, while merely a few lost. The employer, conversely, has to pay even if not at mistake. In response, the employer is not subjected to long, expensive defense and potentially pricey settlements. Indeed, one of the main reasons of workers' compensation laws is to evade extended legal battles and give injured workers a means to endure during their recovery period. The other most important comparison is that all states offer the same types of benefits. These include payment of medical expenses as well as "wage loss" of injured employees. Workers' Compensation Benefits Medical benefits in most states include doctor, drug, hospital, medical testing, in addition to therapy. Some states offer "rehabilitation," which may or may not comprise occupational rehabilitation. Occupational rehabilitation comprises services that help the worker in returning to profitable employment. Wage loss benefits are in general of two types: temporary as well as permanent. Both temporary as well as permanent wage loss benefits can be additionally subdivided into two groups: partial and total. Additionally, most states have a "death benefit," which is paid to workers' families when death fallout from on-the-job accidents (Tramposh, 1991).