Preview

workers compensation

Powerful Essays
Open Document
Open Document
1865 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
workers compensation
Workers Compensation is essentially a form of insurance that provides wage replacement and medical coverage to employees that are injured while working. This compensation, however, is not freely given to the employees. It is instead exchanged for the employee’s right to sue his or her employer for the tort of negligence. Depending on jurisdiction, Workers Compensation can function as various types of insurance. Wages that is lost while recovering from an injury can be paid to the employee as if they were capable of working, thus functioning as a form of disability insurance. Workers Compensation can also effectively function as health insurance as well as life insurance by paying for the injured employee’s medical expenses and paying benefits to the dependents of employees killed while working, respectively. While Workers Compensation and those that work in that specialized field can be a wonderful financial asset to injured employees and their families, such benefits and professionals that work in this field were born out of necessity due to the negligence of employers towards their employees. While it is debatable when exactly the first Workers Compensation laws were passed, Maryland was the first state to pass a statewide Workers Compensation law in 1902 with the establishment of the Employer and Employee Cooperative Fund ("Maryland state workers'," 2013). A few years later in 1906, the first federal workers compensation law was passed; the Federal Employers’ Liability Act (FELA) ("What is the," 2013). FELA is designed to compensate railroad workers that have been injured while working, but it does not operate the same as current workers compensation laws. Under FELA, the injured railroad worker must prove that injuries sustained while working are the fault of the railroad company; being unable to prove the railroad company’s fault in the incident results in no benefits being paid to the injured party. By 1949, all of the states in the United States

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The description for Workers Compensation states, there must be an employment relationship, and the injury must be accidental and occur on the job or in the course of employment. Such elucidation referenced before us, signals that Angus is in enforceable right to collect workers…

    • 994 Words
    • 4 Pages
    Satisfactory Essays
  • Better Essays

    The Texas Workers’ Compensation Act allows private employers to choose whether or not to carry workers; compensation insurance coverage, however, Texas employers who carry and who do not carry workers ' compensation insurance coverage are required to comply with certain reporting and notification requirements under the Texas Workers ' Compensation Act ("Understanding the Texas Workers ' Compensation Act,"…

    • 1125 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The Longshore and Harbor Workers' Compensation Act and its extensions, provide medical benefits, compensation for lost wages, and rehabilitation services to employees who are injured during the course of employment or contract an occupational disease related to employment. Survivor benefits also are provided if the work-related injury causes the employee's death.…

    • 1192 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In a workers’ compensation case, providers often finance services for an injured worker and file a lien with the Workers’ Compensation Appeals Board.[ SOC §15.90] This is essentially a stake or interest in the final indemnity award.[ Kaiser Foundation Hospitals v. WCAB (Keifer) (1974) 39 CCC 857, 859.] These types of claims are a peculiarity to California. Additionally, they often take a form of their own. They even have their own separate proceedings. In part, SB863 was passed in 2012 to reduce litigation involving liens.[ (Stats. 2012, ch. 363, §§ 63, 70.)] Due to the nature of these claims, the California system experienced a massive backlogging. Essentially, the main disputes stemming from lien claims are how much the provider should be…

    • 566 Words
    • 3 Pages
    Good Essays
  • Good Essays

    If you have been injured on the job and cannot work, you have likely filed a claim for workers' compensation. If you have been denied this claim, don't panic. There are, however, a few things you should know.…

    • 454 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Jake

    • 858 Words
    • 4 Pages

    Herman is indeed responsible to take into action workers’ compensation (if necessary) for Jake’s injury because of the fact the injury occurred on the job site. Jake has been working overtime and with working these extra hours he felt as if he couldn’t tell the difference between his thumb and a spark plug, thus resulting in an injury to his thumb. Workers’ compensation somewhat varies…

    • 858 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Many employers have been baffled as they attempt to sort through the overlapping obligations created when a sick or injured worker's medical condition triggers the different rights and responsibilities under new federal laws. If businesses want to avoid costly lawsuits from disgruntled employees it is essential to understand their responsibilities under the laws. Employers must make a two-part analysis to determine which laws apply to the situation. Just because an employee qualifies under one law does not mean the employee will automatically qualify under another. To reduce problems, employers should give injured…

    • 1732 Words
    • 7 Pages
    Better Essays
  • Good Essays

    The New York State Insurance Fund arrested two Long Island builders and one claimant in separate cases of alleged workers compensation fraud with a potential total of more than $1 million.…

    • 1070 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Err Assigments

    • 1495 Words
    • 6 Pages

    govern matters such as an employer’s liability for the acts of its employees and liability for industrial accidents.…

    • 1495 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Title V (Workers' Compensation) covers workers' compensation insurance coverage, workers' health and safety, and workers' compensation benefits. The…

    • 800 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Workers' Compensation and Personal Injury claims. Our primary goal is to bridge the gap of…

    • 1718 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    From what I understood of the reading about the federal workers compensation plans are used so if the employee becomes injured on the job and has to miss work because of their injuries or if they become in contact with a certain kind of disease while they are on the job working. There are four different kinds of programs that are used for the particular type of work the employee is involved in. The first type of program is called the federal employees compensation program this helps give benefits to the employees that work for the federal government. The next program is called the longshore and harbor workers compensation program this is used for the employees that work in the maritime field. It is used in hope to minimize the injuries and…

    • 278 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Employee Compensation

    • 307 Words
    • 2 Pages

    A great sales team and the right compensation plan to keep sales people motivated is critical to helping business grow and prosper (Daniel, 2008). InterClean will create a new compensation plan and the goal is to reward sales success while motivating increased sales performance and providing a competitive, yet affordable reward levels. Rewards bridge the gap between organizational objectives and individual expectations and aspirations. To be effective, the new reward system will provide (1) a sufficient level of rewards to fulfill basic needs, (2) equity with external labour market, (3) equity within the organization, and (4) treatment of each member of the organization in terms of his or her individual needs (Casio, 2005). The compensation plan will be tied to the company`s strategic mission which means that a combination of merit system (designed to tie pay increases to each employee`s level of performance) and incentive system (designed to provide additional rewards to top performers) will be used. The broad objective of the design of this compensation strategy (i.e., financial and non-financial compensation) is to integrate salary and benefits into a package that will encourage the achievement of the organization`s objective (Casio, 2005). The new rewards package will consist of two components:…

    • 307 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Worker’s Compensation frauds committed by employers consist of the biggest percentage of all. According to Johnson, employers is the real problem behind the frauds as it is the most expensive for insurance companies. While some states like Florida, California, Texas and Ohio is fighting all types of Worker’s Compensation fraud, others do not. In the estimate provided by the Department of Labor, between 10 to 30 percent of employers misclassified some employess15. Since the premiums are extremely expensive for the employers, they often underreport the payrolls and misclassify their employees in order to reduce the premiums that they have to pay to get coverage. Underreporting and misclassification not only cheat the insurance companies which…

    • 826 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the beginning of the year 2010, the Patient Protection and Affordable Care Act (ACA) was passed and enacted legislatively by Congress in order to increase public access to health care at a reduced cost. The ultimate goal of the ACA was create a better overall atmosphere for workplace heath and safety by making healthcare more affordable. However, the passage of the ACA did have some unforeseen consequences in regards to worker compensation.…

    • 949 Words
    • 4 Pages
    Good Essays