Until the early part of the 20th century, workers in the United States had few options if they were injured on their jobs. Somebody who has hurt while working or became ill because of working conditions could sue the employer, but most often the employers would win lawsuits. This reality led to the establishment of protection called worker’s compensation.
Things began to change around 1911, when American states began adopting their own models of worker protection laws that had been put into place in England and Germany about 30 years earlier. Now states manage 55 different workers insurance programs, and most employers are required by law to possess such insurance.
The value of Worker’s Compensation programs is to assure employees will receive guaranteed monetary benefits. In exchange for this assurance, call a “compensation bargain (contract)” or “exclusive remedy, ” workers give up the right to sue their employers over on-the-job injuries, as well as employers give up the right to cut back on compensation if a worker is injured through his or her own fault.
In addition to paying an injured or ill worker’s wages and medical costs, worker’s compensation will pay for physical or vocation therapy for seriously injured workers. The program also might pay future-compensation benefits to a worker who loses a high-paying job because of his or her injury. A worker can also receive compensation for loss of future income if he or she can’t continue in a higher-paying job because of the injury. The family of a worker who’s killed on the job can receive worker’s compensation benefits to pay for the employee’s funeral. They also may receive worker’s compensation money to offset the loss of the worker’s income.
A worker who’s injured on the job should first file a claim form, available from the employer. Next the worker can expect to undergo an independent medical examination by a physician chosen by the employer’s insurance company. It’s important for the employee to pay close attention to the doctor’s diagnosis, to ask questions and to make notes of the examination afterward.
If injured on the job, or made ill by toxins or working conditions, it’s important that workers report the injury and file worker’s compensation claims immediately. Managers and supervisors should offer workers claims forms to fill out. It may also be wise to consult an attorney who specializes in worker’s compensation law, if the worker suspects the employer or the insurance company could challenge his or her claim.
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