Although there are many motivational reasons for working, one can safely assume that almost every American works at a job away from home to receive money and benefits. Money yields the basic needs of clothes, food, and shelter. Money is also used to purchase transportation, insurance, health care, education, retirement, and entertainment. Given that a worker’s job is a vital means to secure the necessities of life, it is essential that the worker or the worker’s family is compensated when a job related injury, illness, or death occurs. Government legislation requires employers to provide a reasonable safe place to work and holds most of them responsible for work-related injuries, illnesses, and deaths ( ). By definition, workers’ compensation …show more content…
C. when the ancient Sumerian laws of King Ur-nammu specified the value of each body part and required that each injured worker be paid accordingly (1999). Ancient laws of the Greeks and Persians also included provisions to injured workers based on an apportionment schedule. In other words, a finger’s value was twice that of a damaged joint (Guyton, 1999). After the fall of Rome and through the 18th century, rarely did the noblemen of governments ruled by kings and lords offer compensation to their injured …show more content…
Yet, due to the wording and interpreting of the contributory negligence and the assumption of risk rules, the injured worker was usually found as the cause of the accident and the employer held not responsible (Goetsch, 2011). Nevertheless, during the Industrial Revolution, thousands of unskilled laborers continued to work on the railroads, in the mines, and with high-speed machines in the factories where accidents were occurring at an alarming rate (Clark, 2012). Even though most injured workers did not seek compensation through civil lawsuits, the court system still could not handle the increasing number of cases. The cost and time spent on these cases became a burden to not only the employees but also to the employers (Clark,
Tammie, you made some great points during your post for this week and I really enjoyed reading how you put the assignment into perspective. I took one point that stood out the most to me and that was when you stated “While doing so, workmen compensation laws also provide that whatever compensation is recovered through such laws shall extinguish all claims in tort or contract arising from the injury caused (Pandey & Pandey, 2008). Tammie, it also is great to have a portion of the history of how workman’s compensation was started. The first workman’s compensation law was passed by the New York State in 1910. The compensation laws grew because of the large amount of compensation cases, because of a sharp increase of industrial accidents (Wood,
The workers’ compensation claim detailed the circumstances surrounding an injury that he suffered while at work. He confessed that while working on the job site he sustained severe burns to his lower body. His duties on this day included that he make some repairs to a leaky fuel line. During this process fuel spilled onto his pants. Additionally while making repairs pieces of steel become caught on his pants. Lastly as Mr. Martinez attempted to use a torch to cut free pipe a spark ignited the fuel on his pants. This resulted in burns to his lower body. This injury resulted in him to miss having to miss a considerable amount time from work. He filed a workers compensation to replace part of his lost wages. The suit accused the defendants of failing to maintain a safe work site for its subcontractors and in failing to provide personal protective clothing, personal protective equipment, and firefighting equipment.
Every state has a different requirement that each employer must follow when providing workers' comp insurance. Most states allows employers to provide this type of insurance on a voluntary basis. Workers' compensation covers an employee when they have an injury on the job.
If a worker sustains an injury(ies) while on the job, the employer compensates them through workers’ compensation (WC) insurance. If an individual suffers an illness or injury that is not related to their work, they can ask for time off for treatment through disability insurance (DI), which is a component of the state disability insurance program (SDI).
If you get hurt at work, you are traditionally covered by workers' compensation insurance. There are, however, some things that you have to do to ensure that the medical bills are paid by your insurance plan instead of out of your pocket. In some cases, you may need to enlist the help of a workers' compensation attorney, who specializes in these types of proceedings.
According to the Bureau of Labor, statistics indicate that more than 4.1 million people were hurt or injured on-the-job in 2006 and 5,488 were killed in 2007 (Gomez-Mejia, Balkin, & Cardy, 2010, p. 511). Laws and regulatory requirements are currently in place to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents, decreased workers’ compensation claims and lawsuits and lesser accident-related expenditures (Gomez-Mejia, et al, 2010, p. 511). This paper discusses the effects of legal, safety and regulatory requirements in
The complainant declares that his right to bring a cause of action had not been waived before the civil court by the employee’s injuries and damages suffered in the course of his employment moreover, the injuries and damages are enforceable when the hearing loss and the tunnel carpal was based on the failure of the employer to provide a safe work place when had a new work condition. The statutory employer did not warn to the employee of the hazards of the employment, which was not controlled by a statutory employer’s safety guard policy and the worker suffered an increase of noise level when the door of the jointly production areas was opened proportionate to him an uncomfortable environment to lunch, to dinner, and to rest when had no safety equipment and assistance or when the injury results from the employee performing work where other did not want to do.
Issues relating to Workers’ Compensation and its evolution are particularly important to those working in the medical field. Workers’ Compensation law affects us, in the medical field, as employers and employees, as an industry dependent upon medical care insurance or benefit-programs of various types, and of course, as the industry that provides care to those who are injured at work.
Have you ever think about people for unsafe work? Each in everyday, hours and minutes, as we step forward into a factory, mills or machineries, significant people are put into danger. Although health and safety in a workplace is necessary for the employers and employees, there are still a lot of injuries and deaths in a workplace. Most people we’re being forced to work even if the job is not safe for them to do so. There are people getting injured and killed every day that’s why we need to put a stop to it now and make the job in a workplace comfortable to everybody.
Costs associated with workers compensation can be greatly curtailed if companies initiate safety programs and safety awareness at the workplace. Most of the workers who come to see me at my law practice say they have suffered injuries while doing mundane things like stocking shelves without a step ladder or other related devices. Poorly maintained equipments and lack of basic safety devices also contributes greatly to worker injuries causing an increase in the number of workers seeking
"Questions and Answers About Nonsubscribing to Workers' Compensation in Texas." TXANS. Web. 15 Nov. 2015.
If you have been hurt while working for your employer, you may be considering filing a claim for workers' compensation. However, there are a few situations where you may not be eligible. The following are four cases where you may not be able to collect on workers' compensation, even though you were injured on the job.
Many employees are not worth suing, therefore without the insurance industry the present tort system could not operate[4]. Vicarious liability forces the employer to continually strive for accident prevention. If every employee was insured individually it is unlikely that the employer would take such a keen interest as there is no direct liability. Employers generally therefore assess the suitability of the staff, give them adequate training and dismiss any that are unreasonably risky to reduce the risk of any torts occurring.
If you are a resident of Minnesota and are currently involved in an open worker’s compensation case, it is possible you will be asked to attend an independent medical examination (IME). Not every worker with a claim is required to attend one, though. Claims involving a minor injury or one with a quick recovery are generally not worth the expense or time it will cost the insurance company to have the injured party examined by their own medical professional.
The employers would need to build a defence in order to prove that they had done everything that was reasonably practicable to prevent the accident. The balance of risk against the sacrifice involved in taking the measures needed to avert the risk would need to be proved. (Edwards v National Coal Board [1949]; Austin Rover Group Ltd v H.M Inspectors of factories [1990]; R v HTM Ltd [2006]