What is the Purpose of Workers Compensation?
What is the Purpose of Workers Compensation?
The purpose of workers compensation is to protect both workers and employers. Workers compensation was established during the Industrial Revolution in the early 20th century. Before the implementation of workers compensation, the only recourse injured employees had was to hire a lawyer and sue their employers for negligence. This resulted in numerous expensive injury claims.
Workers compensation became the no-fault solution to providing injured workers with benefits for on-the-job injuries. The system removed the requirement for proving fault and enabled workers and employers to resolve issues out of court.
Workers compensation laws have two main purposes
Protecting the worker. Workers compensation protects workers because it guarantees that job related injuries and illnesses are covered by insurance. Benefits are given to the injured worker at no cost and in exchange, the worker gives up the right to sue the employer. Possible workers compensation benefits include:
- Full medical
- Surgery
- Hospital treatments
- Wage replacement
- Permanent disability (if applicable)
Protecting the employer. Most employers are mandated by law to carry workers compensation insurance and by doing so, employers are protected against lawsuits from injured workers.
Workers compensation is essentially a compromise between employers and workers. Employees receive specified benefits for on the job injuries or illnesses, and employers are protected against workers seeking legal remedies.
Employers who are exempt from carrying workers compensation insurance (usually government entities) are required to provide unlimited sick leave with full pay. Civilian federal government employees are covered by a program administered by the U.S. Department of Labor. Members of the military are covered by veteran's health and related benefits.
The workers compensation no-fault system has in effect achieved its purpose by eliminating prevalent litigation of employers for negligence related to worker injuries and illnesses. Today, most injured workers’ lawsuits involve determining if the injury occurred on the job and any entitled benefits.
Workers compensation legal advice
If you have been injured on your job, a Massachusetts workers compensation attorney in your area can provide legal advice about your workers compensation options.
Robert L. Noa, Attorney at Law
Crocs™ Footwear Cases Illustrate the Challenges in Proving Liability
Dangerous and defective products can pose significant risk of injury to anyone who uses them. But children are often at higher risk—largely because they do not know how to recognize potential dangers before it is too late. A California family recently filed one of at least five lawsuits across the country pertaining to injuries children suffered in escalator accidents while wearing Crocs™ shoes. The complexities of proving liability
A related 2008 report by CBS News Healthwatch illustrates the potential complexity of proving liability in accidental injury cases. It also helps explain why experienced attorneys conduct thorough analyses to identify all parties who may share liability for an accident.
While Crocs, Inc. may have alleged that the escalators were to blame for the accidents, numerous similar incidents in Los Angeles,Atlanta, and Louisville indicate that the design of the shoes may have contributed to severe injuries amounting to millions of dollars in damages.
Thorough investigation is vital to ensuring personal injury lawsuits identify all parties who are responsible for an accident. In the Crocs™ case, it might appear that the escalators caused the accidents. But the accidents occurred on different escalators across the country—and all involved children wearing the same type of shoes.
In the Crocs™ cases, the soft-soled shoes lack safety features that might have prevented them from becoming entangled in the mechanism of escalators and causing injuries. And the children involved were all reported as still and well-behaved when the accidents occurred. Seek support from an experienced San Joseinjury law firm
Anyone injured in a California accident—or who lost a loved one—caused by the negligence of others needs skilled legal support to ensure all negligent parties are held liable. The San Jose injury and wrongful death attorneys at Bohn & Bohn, LLP in California have the extensive experience and resources needed to develop effective cases for their injured clients. Contact us today at 800-573-4222 for a free consultation regarding your claim.
New Jersey Civil Rights Lawsuit Awards Ramapo Family $2.1 Million
As citizens of the United States, we have certain rights. New Jersey civil rights law also governs many of these rights. Violation of these valued rights and freedoms can result in a significant monetary judgment against the offending party or parties. In certain cases, both criminal and civil charges can be brought against offenders of basic human rights. A New Jersey civil rights lawyer can explain how the civil rights law may apply to each situation.
Overview of case
A recent civil case involving a Ramapo town worker who was killed by a New Jersey park police officer awarded the family of the deceased $2.1 million. The jury in the civil case found that the police officer used unnecessary force when he shot and killed the worker who was attending a barbecue along with other members of the Ramapough Lenape Indian tribe. The killing of the man occurred during a confrontation with park police who were attempting to enforce a law prohibiting the use of ATVs in the park. The death resulted in criminal charges, and eventually relatives of the dead man also filed a racial discrimination lawsuit.
Verdict of criminal trial
Criminal charges were brought against the officer who shot and killed the victim at the confrontation outside Ringwood State Park where the victim and other tribe members had gathered to celebrate. At the criminal trial, the police officer claimed he shot the victim in self-defense. The jury acquitted the officer of the criminal charges.
The family of the deceased then brought a lawsuit under New Jersey civil rights law against New Jersey and the park police. In a civil trial, the standard of evidence is less than that of a criminal trial. The outcome of this trial was in favor of the victim’s relatives and the civil court jury awarded damages.
If you have questions about civil rights in New Jersey, or if you believe you have been the victim of discrimination, speak to a skilled New Jersey civil rights attorney.
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