There once was a time when a worker who was injured on the job had little recourse. Not only was he physically injured, he lost income and had medical bills to pay. Sometimes the injury left a worker disabled and unable to provide for his family. The worker had few options besides to sue the employer for compensation. More often than not, the workers lost. This is what led to the establishment of 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 program covers only those injuries or illnesses that can be proven to be job-related. For example, a worker hurt in a car wreck as he’s leaving the company parking lot wouldn’t be covered by worker’s compensation, but a delivery driver who’s hurt when his truck is hit by another truck would be covered. Someone who breaks a leg falling from a ladder at work would be covered, but someone who breaks an arm playing on the company softball team wouldn’t be eligible.
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.
Any worker who suspects that his or her employer, or the employer’s insurance company, may challenge a worker’s compensation claim should consult with an attorney specializing in worker’s compensation law. The lawyer can help the worker obtain all the benefits to which he or she is due under the law.
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