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Work Accidents involve injuries that occurred during the course of employment.
Workers’ compensation in the United States dates prior to the 1890s, when with fast industrialization, workplace injuries became more common due to the dangers of working in factories, with under hazardous conditions with heavy machinery. A structure to deal with these injuries and to make whole the workers who suffered from them was necessary.
Before the establishment of workers compensation, to recover lost wages and diminished future opportunities and to pay medical bills, an injured or disabled worker had to sue his or her employer. Besides damaging the worker-employer relationship, these cases, usually failed.. Employers frequently usually relied on three defenses in lawsuits by employees
Contributory negligence, or the worker’s own negligence contributing to the accident;
Assumption of risk, or the accepted and normal danger associated with the job.
The fellow worker rule, or a fellow worker’s negligence.
Under the previous system, workers had to wait for a long time for any resolution. If the victim was too injured to work, the loss of earned income, together with legal fees, could be ruinous. On the other hand, when workers did win in court, verdicts could be substantial.
Workers compensation provides those workers hurt on the job or, in the case of a death, their families, with a set amount of compensation. The advantage of this type of program is that it avoids the costly and burdensome process of litigation such as a lawsuit and guarantees benefits for workers. The lynchpin of workers compensation is that it is an exclusive remedy or compensation bargain, under which Injured workers exchange most rights to sue their employers for injury in exchange for specified benefits in case of disability or injury. As part of the bargain, employers aren’t allowed to reduce the compensation if a worker is found liable or negligent.
Employees are usually covered under workers compensation law. In certain states, some people are exempt, including such as businesses that have 5 or fewer employees, company owners, agricultural workers independent contractors and domestic workers. Exempt companies may still be required to carry general liability insurance.
Bruce Lamb, Esquire University of Baltimore J.D. Johns Hopkins University MLA Loyola University B.S.
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