Worker’s compensation laws protect a worker who has been injured on the job, by allowing the worker to receive benefits and compensation from the employer. Most worker’s compensation laws also minimize the need for litigation by giving a set award to employees so that the employee does not have to take the time and expense of filing suit against the employer.Most workers’ compensation guidelines are limited in what they cover. The employer is normally responsible for disability or death that occurs during the scope of the employee’s duties. This would include paying medical expenses, as well as the cost of any continuous disability or injury. However, if the employer can prove that the employee’s injuries were “willful,” such as through negligence or intoxication, then the employer is not responsible for the employee’s injuries.
Although there are federal laws which cover Worker’s compensation, such as the Federal Employment Compensation Act (FECA) for federal employees, many states also create their own worker’s compensation act for state employees and companies in the state to follow. In most cases, the state governing board oversees worker’s compensation claims. Several states pay worker’s compensation claims from a state fund, while others have an insurance company for worker’s compensation which is run by the state. Some states are attempting to privatize the claims of worker’s compensation in order to save money, and make the responsibility of insuring companies a job for the employer.
The employee is responsible for reporting any injury that occurs while on the job. If an employee files a claim, they cannot be discriminated against by either their current employer or any future prospective employers. The right of an employee to file a claim cannot have an effect on the decision to hire or fire that employee in the future.
Some employers try and contest such worker’s compensation claims in order to avoid paying for injuries, as well as to prevent other employees from filing more claims against the employer.
If a claim for worker’s compensation is argued by the employer, most states have the case go to an administrative court, as opposed to the normal trial court. If either party is not satisfied with the administrative court’s decision, then the decision may be appealed to another administrative court, or further in the state court system.
Since the claims for worker’s compensation can be complex and difficult, most states do not have them heard in front of a jury, with the exception of Ohio.
Although worker’s compensation can be valuable to an employee who suffers serious injuries, there are opportunities for abuse within the system. Many employees attempt to gain benefits at the expense of their employers, which lead to highly disputed cases about the ability of the individual to continue working, the extent of a disability, or the strength of the claim that the employee has filed.
