Workers Compensation Law Term Paper

Workers Compensation Law

The paper contains an in-depth explanation of Workers' Compensation Law in light of various court cases. The terminology implies a payment given to employees by their employers for a portion of the cost of damages, injuries or occupational diseases. The magnitude of this responsibility upon the employer varies in different countries and states of United States. Most of the worker's compensation systems today, comprise of a proper legislation requiring the employer to provide an adequately safe workplace with suitable and durable equipment, along with a set of proper safety rules and instructions where necessary, under the supervision of admissibly competent foremen and superintendents. In the process, an employer is legally responsible for the employee's act of negligence, as well as for his own negligence and for the extraordinary risks of work. Mostly the employer is not responsible for accidents occurring outside the workplace or for those the firm is not directly involved.

A BRIEF HISTORY OF WORKERS COMPENSATION LAW

Workers compensation legislation was first passed in Germany, Austria, France and Great Britain in the late 1800s during the industrial revolution in Europe. Later it came to United States, but by 1920 six of the states of America had passed it in some form. Today all of the states have some sort of worker's compensation law. Also many private insurance companies offer employer's compensation insurance; in some states, such insurances have been made compulsory; others have created state insurance funds to secure compensation payments even when the employer is insolvent. Similarly most states provide the same for public employees. Despite the developments, there are still some states who limit this privilege to workers who are involved in dangerous occupations. In Great Britain compensation is required for nearly all industrial accidents, while in France all uninsured employers are taxed for a state fund that guarantees compensation payments.In many other countries including the U.S., compensation benefits cover medical expenses, cash payments and in the case of temporary or permanent incapacity to work and also so progressively during vocational rehabilitation.

Temporary total disability benefits are paid while the worker recovers away from work. Permanent disability benefits may be paid if the condition has lifelong consequences. In case of fatality, the worker's dependents receive survivor benefits.

BRIEF OVERVIEW OF COMPENSATION LAWS.

Before the enactment of Workers compensation laws the only legal remedy for a work related injury was to bring a tort suit against the employer and prove that their negligence was to blame for the injury. (Social Security Bulletin, 2003). Therefore from a legal point-of-view, workers compensation has originated from the law of torts and negligence. The basic understanding of the same is essential in order to understand worker's compensation. The Anglo-American Law of torts and negligence developed gradually over centuries and is significantly the fruit of judicial decisions. This is unusual and on contrary to other laws in the legal systems of Continental Europe, wherein each law is based on legislated codes. Originally, tort and negligence concepts were conceived by the common law of England which, after the American Revolution, was retained as the basis of American jurisprudence.

"A tort is defined as a civil wrongdoing that gives rise to the cause of action, or claim for money damages." (Lencsis, 1998) Tort law is further broken down into three divisions; intentional, negligence and strict liability. The intentional tort comprises of assault, violence, defamation, false imprisonment or invasion….....