There once was a time when a worker who was injured on the job had little recourse. Not just 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 apart from to sue the employer for compensation. Often, the workers lost. This is what led to the establishment of Worker’s Compensation.
Things began to change around 1911, when American states began adopting their own models of worker protection laws that had been put into place in England and Germany about 30 years earlier. Now states manage 55 different workers insurance programs, and most employers are required by law to have such insurance.
The value of Worker’s Compensation programs is to assure employees they are going to 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, and so the employers give up the right to cut back on compensation if a worker is injured through his or her own fault.
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.
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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