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A Guide to Workers Compensation

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Workers’ compensation is an insurance process that allows for an employee who has sustained injury due to their employment; the nature of workers’ compensation varies from state to state and country to country. In the United States the Department of Labor (DOL) formulated a protocol that regulates, gauges, and oversees the process of awarding workers’ compensation. However, this protocol is enforced and substantiated by each state’s individual department of labor.Origin of Workers’ CompensationAs per the development of labor laws within the United States, employees were able to enjoy added protection, coverage, and job security in the scope of their respective employment. In the early 20th century, injuries sustained by workers were once considered to be collateral damage with regard to their respective work; the Department of Labor explains that the rights afforded to workers are formulated from ethical, moral, and just legislation.Workers’ Compensation Tort LawSubsequent to an injury sustained by an employee in the workplace, workers’ compensation is the protocol taken by the employer to make restitution for damage resulting from the accident or event. Workers’ compensation is a legal methodology deeply-rooted in insurance law, tort law, and employment law. The awarding of workers’ compensation ensures the following:Tort LawThe acceptance of a workers’ compensation settlement on the part of the employee removes the right of that employee to sue an employerEmployment LawMatters that involve process, protocol, and regulations involving matters that exist in the workplaceInsurance LawThe acceptance of a workers’ compensation settlement acknowledges that that the employer wishes to recompense the employee for the consequences resulting from the accident or event:Pain and suffering endured by the employee as a result of any damage or injuryEconomic hardship suffered by the employee in question due to an inability to maintain gainful employmentMonies allotted towards medical treatment, which includes surgery, therapy (physical and psychological), operations, treatment, and medicationPhysical and/or emotional trauma resulting from an accident or event that took placeInjuries – both long and short-term – depending on the severity of the injury; in certain cases, a severe injury can result in permanent unemployment – workers’ compensation must address both long-term and short-term consequences of a workplace injuryPunitive damages that are sustained by the employee, which can include subsequent – albeit indirect – outcomes of the accidentCollecting Workers’ CompensationEmployees operating within a legal, safe, and approved fashion are entitled to receive workers’ compensation in the event of injury or damage sustained as a result of their employment. Individuals interested in exploring the collection of workers’ compensation are encouraged to consult an attorney specializing in employment law, personal injury, accidents, and/or insurance. Individuals are encouraged to obtain the following documentation in order to best illustrate the details of their case:An accident report that has been approved and/or sanctioned by their place of employmentA copy of their employment contractWitness testimony documenting the accident or eventCertifications and regulations confirming safe, lawful, and ethical employmentMedical reports detailing an examination (if applicable)
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  • Workers Compensation

    Workers’ compensation is an insurance process that allows for an employee who has sustained injury due to their employment; the nature of workers’ compensation varies from state to state and country to country. In the United States the Department of Labor (DOL) formulated a protocol that regulates, gauges, and oversees the process of awarding workers’ compensation. However, this protocol is enforced and substantiated by each state’s individual department of labor.


    Origin of Workers’ Compensation

    As per the development of labor laws within the United States, employees were able to enjoy added protection, coverage, and job security in the scope of their respective employment. In the early 20th century, injuries sustained by workers were once considered to be collateral damage with regard to their respective work; the Department of Labor explains that the rights afforded to workers are formulated from ethical, moral, and just legislation.

    Workers’ Compensation Tort Law

    Subsequent to an injury sustained by an employee in the workplace, workers’ compensation is the protocol taken by the employer to make restitution for damage resulting from the accident or event. Workers’ compensation is a legal methodology deeply-rooted in insurance law, tort law, and employment law. The awarding of workers’ compensation ensures the following:

    Tort Law

    The acceptance of a workers’ compensation settlement on the part of the employee removes the right of that employee to sue an employer

    Employment Law

    Matters that involve process, protocol, and regulations involving matters that exist in the workplace

    Insurance Law

    The acceptance of a workers’ compensation settlement acknowledges that that the employer wishes to recompense the employee for the consequences resulting from the accident or event:

    Pain and suffering endured by the employee as a result of any damage or injury

    Economic hardship suffered by the employee in question due to an inability to maintain gainful employment

    Monies allotted towards medical treatment, which includes surgery, therapy (physical and psychological), operations, treatment, and medication

    Physical and/or emotional trauma resulting from an accident or event that took place

    Injuries – both long and short-term – depending on the severity of the injury; in certain cases, a severe injury can result in permanent unemployment – workers’ compensation must address both long-term and short-term consequences of a workplace injury

    Punitive damages that are sustained by the employee, which can include subsequent – albeit indirect – outcomes of the accident

    Collecting Workers’ Compensation

    Employees operating within a legal, safe, and approved fashion are entitled to receive workers’ compensation in the event of injury or damage sustained as a result of their employment. Individuals interested in exploring the collection of workers’ compensation are encouraged to consult an attorney specializing in employment law, personal injury, accidents, and/or insurance. Individuals are encouraged to obtain the following documentation in order to best illustrate the details of their case:

    An accident report that has been approved and/or sanctioned by their place of employment

    A copy of their employment contract

    Witness testimony documenting the accident or event

    Certifications and regulations confirming safe, lawful, and ethical employment

    Medical reports detailing an examination (if applicable)

    NEXT: An Overview of Workplace Injuries

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