Prior to the creation of workers? compensation, employees were left with few options if they suffered an injury on the job. They could try and negotiate a settlement with their employer, or they could file a lawsuit. Under the first option, they depended on the generosity of their employer. Under the second system, it could take years before they saw a payout. To remedy this problem, workers? compensation was invented. This post will go over the creation of workers? compensation and why it was needed.
Workers? compensation was conceived as a program that would lower costs for workers and employers. Employers were spending huge sums of money on litigation to defend dozens or even hundreds of personal injury claims a year; it was consuming an enormous amount of money. Additionally, employers were deterred from settling the claims because it would encourage more people to file suits.
Conversely, workers were also losing out. Many of them suffered catastrophic injuries that left them incapable of working. They thus had to ask for a settlement (which was denied) or file a lawsuit (which took years). These workers? would lose their homes and become impoverished while they waited for their claim to wind its way through the courts. Additionally, under the old tort system, (known as contributory negligence) if the plaintiff was responsible (even minutely) for their injury, then the entire claim was denied. Unfortunately, you could almost always prove some contributory negligence, therefore, many valid claims were also denied ? leaving those workers with nothing.
Worker?s compensation was designed to solve both problems.
Were you injured in an accident at your job? If you were, you might want to contact an attorney at your earliest convenience; you could be entitled to workers? compensation. Workers? compensation, while originally conceived as a system designed to protect workers and employers, has evolved into a bureaucratic mess. Nominally your claim should be approved with little fuss, assuming you meet the criterion. But the reality is that many claims are unjustly denied, and you will want a lawyer on your side to appeal your claim.