Have you been injured on the job? Are you missing time at work because of an injury that occurred at the workplace? If so, you are eligible for workers’ compensation. The attorneys of Rudinski, Orso and Lynch have experience with the intricacies of workers’ compensation and have the skills necessary to provide you the representation you deserve.
Workers’ compensation is money paid to an employee who is injured on the job so that the employee does not sue his or her employer or company of employment because of the injury. Payments are usually made every handful of weeks and are considered a form of disability insurance.
The compensation also includes payment for time lost (past and future), payment of the medical expenses for the injury, and life insurance payable to the dependents of any employee killed on the job. Damages for pain and suffering and employer negligence are usually not paid by the employer through workers’ compensation plans. If an employee is looking for payment for damages and employer negligence, the employee will have to sue the company for those damages. This means they will not be eligible for workers’ compensation if they do decide to sue their employer.
Workers’ compensation was established in the United States to prevent companies and their employees from litigation. Also, workers’ compensation laws were created to make sure that injured workers are able to prove that their injuries were the fault of their employer. The first such laws in the United States were passed in the state of Maryland in 1902. The first federal law created to cover federal employees was created in 1906.
By 1949 almost every state had passed a law for workers’ compensation and it was originally known as workman’s compensation. It has since been changed to workers’ compensation to cover both genders in the workforce today. In the United States, the majority of employees are rightfully entitled to some form of workers’ compensation as well as medical care for the injury they suffer while working their job. They are also entitled to monetary payments to compensate for the resulting temporary or permanent injuries suffered at work.
It is required by law in most states that employers subscribe to a form of insurance for their employees when it comes to workers’ compensation. If an employer does not have workers’ compensation they could be subjected to fines and penalties if and when injuries occur at their company.
The majority of states in the United States make it illegal for an employer to terminate or refuse to hire an employee because they have reported an injury in the workplace or have filed a workers’ compensation claim. It is also illegal for employees to file wrongful injury claims.
Injuries and deaths at the workplace can be avoided if the employer or company ensures that their employees are working in a safe environment. Also, employers must obey and follow all rules and regulations set forth by the Occupational Safety and Health Administration to protect their employees from injury at work. OSHA has a variety of laws and safety regulations mandated by their commission to protect employees’ rights, safety and health while working each day.
OSHA also employs over 1,000 inspectors nationwide to make sure that employers are adhering to these strict laws and regulations. If employers are failing inspections, they must fix what is wrong in order to pass the inspection again. Also, OSHA will help any company that fails the inspection fix what is wrong.
Companies can be fined and sometimes even shut down if they are repeat offenders of OSHA’s rules and regulations. Employees are also allowed to file claims with OSHA is they feel that their workplace is not following certain safety standards and an OSHA inspector will come to the company and begin another inspection.
Workers’ compensation for employees continues to grow and the rights for employees continue to grow as well. Employees have the right to file injury claims, obtain compensation for their economic loss as a result of the injury, be paid money for their medical bills that are a direct result of the injury as well as be paid insurance to their dependents if the employee is to die from injuries sustained at the workplace.