Workers’ compensation program evolved very fast after 20th century. In industries, more and more huge, speedy, and complex machinery were introduced. This increased work place hazards, even more.
In 1908 workers’ comp act was passed. It provided both medical expenses and replacement income for injuries occurred at job or even if diseases caused especially due to being exposed to stress or chemicals at workplace.
Workers’ comp pact is national but each state is liable to monitor its implementation. Therefore, you will find variations in aspects like eligibility to file claim. It will be in accordance to state laws, where you live.
The aim of workers’ comp law is to neutralize the rights of employers and workers. It is a good way to settle differences privately and quickly. Both employee and employer have to quit some legal rights.
Employee surrenders the right to file a suit against his employer for on-job injuries. Instead, the employee is entitled to attain a fixed recovery amount for damages, as set by different states.
In reply, the employer gives in the right to dispute employee’s carelessness, which may be the cause of illness or injury. Employers finance this system via insurance premiums and in some states the employers are allowed to pay the claims themselves.
Types of injuries covered
Work-related injuries eligible for workers’ comp benefits are listed below –
- Physical injury at workplace like hearing loss due to machinery noise, exposure to toxins or dust and repetitive motion injury
- Pre-existing health issues get aggravated
- Injuries occurred during lunch hours breaks and job-sponsored activities (like corporate parties or picnics) and at work injuries occurred due to company facilities like breaking of chair in company cafeteria
- Physical and mental stress due to increase job responsibilities. In some state developing mental issues due to supervisor’s constant harassment is also compensable.
Does worker’s comp cover permanent injuries?
Yes, it covers long term injurious caused due to repetitive movement like back injury or carpel tunnel syndrome.
Is workers death covered?
Employee as well as his /her dependants, who get killed in the workplace, is usually covered under workers’ compensation program.
If an employee gets injured, due to machinery malfunction then can you sue the manufacturer of that equipment?
If your injury occurred, due to 3rd party negligence than you can certainly sue the manufacturer for damages. Moreover, your employer too can file a lawsuit against this careless 3rd party and recover the workers comp benefits he is needed to pay you.
Things to remember
- Workers’ comp cases are basically settled outside the court, before a need for hearing. Often, the parties dispute about settlement amount for extent and nature of permanent disability.
- Hiring a lawyer prevents denial and attains sufficient compensation.
- Employers have no right to fire employee filing workers’ comp claim.
- You may be concerned about advocate fees but there are lawyers, who understand your situation and charge a low fee.
- If you are fired, disciplined or discharged then you can sue your employer but the action must be related to filing workers comp claim.
For more general information related to workers’ comp benefits in your state, you can click here. It is a web link of your state agency, which is available online.
