What are the Origins of Worker’s Compensation?Worker’s Compensation was developed to take away defenses that an employer could use when an employee is seeking damages for getting injured at the workplace. Not only can an employee make a claim for physical injuries, but they can also make a claim for an occupational disease that they contracted while working for the employer.
Traditionally, employers could use defenses such as contributory negligence and assumption of the risk to protect themselves from having to pay for workplace injuries. Today, an employee does not even need to prove that the employer was negligent when the accident occurred to receive damages.
What Damages Can an Employee Receive?
If an employee is injured on the job, they will be able to have their medical bills paid and also two-thirds (2/3) of their lost wages. An employee cannot receive damages for physical or mental pain and suffering.
In some circumstances, an employee can receive damages for mental disability. However, this may be rare and difficult to prove. An employee must show that the psychological injury stemmed from either:
(1) an actual extraordinary event which occurred at work and caused the trauma, and that this event can be pinpointed in time, or
(2) an abnormal working condition over a long period of time that caused the injury.
Another way to receive damages for a mental disability is if a physical injury also has occurred. The reason that it is so difficult to receive damages for mental injuries is because the courts feel that it is very difficult to actually prove if the employee is suffering from the mental injuries they are claiming.
What Must an Employee Prove to Receive Worker’s Compensation?
The three factors an employee must show to be able to receive Worker’s Compensation are:
1) That an employment relationship existed.
2) The accident or injury occurred in the course of the employee’s employment.
3) The accident or injury was related to that employment.
The first factor an employee must show to receive Worker’s Compensation is that an employer-employee relationship existed. The general test for this is whether or not the employer has control over the employee. So if an employee is subject to direction and control, an employer-employee relationship exists. It is important to note that this control does not need to be exercised by the employer. The right to control just needs to exist for an employer-employee relationship to exist.
The second factor an employee must prove is that the accident occurred during the course and scope of their employment. One general rule is that an employer is not liable to the employee for compensation for injuries received off the employer’s premises while the employee is traveling to or from work. However, if an employee can show one of the following, he may be able to receive compensation if the injury occurred while traveling to or from work:
1) The employee’s employment contract includes transportation to and from work.
2) The employee has no fixed place of work.
3) The employee is on a special mission for the employer.
4) There are special circumstances such that the employee was furthering the business of the employer.
Do Any Defenses Exist for Employer’s To Use To Defend Against A Worker’s Compensation Claim?
There are several defenses that can be used by an employer. First, an employer can use the “personal animus” defense. This means that an injury caused by an act of a 3rd person intended to injure an employee because of reasons personal to him, and not directed against him as an employee or because of his employment, shall not be included as occurring during the course and scope of the employee’s employment. For example, if an employee is at work, and a 3rd party comes and breaks the employee’s leg for personal reasons, the employee cannot bring a Worker’s Compensation claim against the employer.
A second defense that an employer can use is if the employee violates a positive work order. This is an affirmative defense that can be used by employers. It is an allegation that the employee’s actions so violated the employer’s instructions that the employee’s injuries arose outside the course and scope of employment. This essentially means that if an employee is so disconnected from their normal duties that they gain the status of a “stranger” or “trespasser,” a violation of a positive work order may exist.
