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.
During the last part of the 19th century, Germany and England adopted laws designed to protect workers. These models eventually made their way to the United States, where between 1911 and 1920, most states adopted their own versions of the European laws. Today there are 55 U. S. Worker’s compensation insurance programs, typically managed by state governments. Most states require employers to have worker’s compensation insurance coverage, either through a state pool or from an insurance company.
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.
If a worker is seriously injured or ill, worker’s compensation also will pay for vocational rehabilitation such as physical therapy or training for a different job. Some programs also pay workers for loss of future earnings, if the injury prevents them from continuing in a higher-paying occupation than they can pursue because of a disability. If a worker is killed on the job, the program pays funeral costs and survivors may receive benefits to replace the deceased’s lost wages.
It’s essential that workers who are hurt while working or who become ill because of their working conditions file a worker’s compensation claim immediately. If the worker suspects that the employer or the company’s insurance vendor may dispute his or her claim, it may also be a good idea to consult an attorney. Lawyers who specialize in worker’s compensation law are skilled and experienced in making sure that employees receive all the recompense they’re entitled to under the law. Most employees are covered by worker’s compensation programs, except those in small businesses with five or fewer employees, domestic workers, agricultural workers and independent contractors.
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