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,...
For instance, any retraining measures should focus primarily on the Medical Provider Network and the Independent Medical Evaluator as these issues will be where a majority of client questions will come in. When a potential client calls with a question regarding getting medical treatment for a work injury, a staff member must be capable of both providing accurate information and in convincing the caller that professional legal services are
.. society should bear the burden of any misfortunes." (Review guide for the CRC examination: Workers Compensation). Thus, according to this review guide, worker's compensation emerged to treat industrial accidents as predictable costs shared by all consumers regardless of fault. It replaced a failed legal system where employers had once successfully defended themselves against workers' law suits using various common law defenses that made them virtually immune from legal responsibility.
WORKER COMPENSATION AND WRONGFUL TERMINATION 1Worker Compensation and Wrongful TerminationCase Scenario 1Georgia�s case presents several ethical and legal issues related to employment. Title VII of the 1964 Civil Rights raises legal issues related to racial discrimination and retaliation at the workplace. Title VII covers all employers with at least fifteen employees and makes it unlawful for an employer to discriminate against an employee on the basis of national origin, gender,
Other acts include the Federal Employment liability Act, the Marchant Marine Act and the Longshore and Harbor Workers' Compensation Act. There are also workers compensation acts that are geared towards problems associated with illnesses or health concerns that have arisen from working in certain industries. One example of this is the Black Lung Benefits Act. This particular act provides compensation for miners who acquire www.nlm.nih.govPneumoconiosis a lung disease that develops
The IRS may also impose a 10% excise tax or a maximum of $10,000 on an officer who knowingly entered into a transaction (Samuels and Shoretz). When this happens, the official endeavors to enter a rebuttable presumption that the compensation and benefits are reasonable (Samuels and Shoretz 2002). The board of directors or trustees must approve the three criteria for the rebuttal. In the first, the board must be composed
" In principle, that means that injured employees need not sue their employers for compensation for their injuries or to prove that they were the employer's fault. On one hand, that also limits the total amount of recovery to which they are entitled but it guarantees recovery to millions of workers without the need to engage in legal disputes that could result in no award or that could delay any
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now