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Home>> Areas of Practice>> Family and Medical Leave
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FAQ
What is worker’s compensation?
Workers’ compensation is a system that requires employers to pay lost wages, medical expenses, and certain other benefits to employees who are injured on the job. Workers' compensation is different from other types of torts in that it is not based on fault or negligence. The idea behind workers' compensation is not to right a wrong or punish negligence; rather, it is a way to protect employers from negligence lawsuits and injured workers from destitution.
What is meant by no fault law?
Workers' compensation is a no-fault law, meaning that it is irrelevant whether the employer or the employee was negligent. No-fault law differs from most types of personal injury lawsuits, which require the injured party to prove the negligence of another party before recovering. Compensation is achieved typically through the insurance coverage of the employers.
What are the major causes for workplace injuries?
According to the U.S. Department of Labor, truck drivers had more fatal injuries than any other occupation. Homicide was the second leading cause of job-related deaths, accounting for 16 percent of the total. Robbery was the primary motive for workplace homicide. About half of the victims worked in retail establishments, such as grocery stores, restaurants and bars, where cash is readily available. Falls also account for a good percentage of fatal work injuries. The construction industry, particularly special trade contractors such as roofing, painting and structural steel erection, accounted for almost half the falls. Firefighters, security guards and pilots also fall under the risk-prone category.
What are the types of benefits injured workers are entitled to?
There are two general categories of workers' compensation benefits, medical and indemnity. Medical treatment that is medically reasonable and necessary and serves to cure or relieve the effects of the injury is compensable. Indemnity benefits are those that attempt to compensate the injured employee for lost earnings or earning capacity caused by the work injury. Workers who sustain injuries that cause permanent disability are entitled to permanent partial disability payments if they are able to return to work. The calculation of permanent partial disability payment varies among states but usually depends on a disability rating given by a doctor.
What is workers’ compensation?
Workers' compensation refers to a system of providing specific benefits to which injured employees are entitled and the procedures for obtaining such benefits. Workers' compensation laws may vary from state to state. In addition, there are special workers' compensation laws for employees of the federal government and still others for workers in specific types of industries such as railroad employees. Filing a workers' compensation claim is similar to filing an insurance claim as it is not a lawsuit against an employer but rather a request for benefits.
What is the purpose behind workers’ compensation?
Workers' compensation is an important safety net for employees designed to ensure that employees who are injured on the job receive fixed monetary awards without having to litigate their claims against their employers. It can be called a no-fault system, where an injured worker's own negligence, or the negligence of his or her employer or co-workers is not put at issue; rather, the injured employee is simply covered for his or her work-related injuries.
 
 
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