How does workers compensation work?

by | Apr 2, 2013 | Legal Services

Early last century injuries in the workplace became far too common, this was a result in the rapid growth in industrialized jobs. There was a need to find a way to compensate those people who were injured by machinery and conditions; hence, workers compensation insurance was born.

Prior to the introduction of the law, a worker who was injured on the job had to hire a workers compensation lawyer in Des Moines. The lawyer pled the case in an attempt to recover lost wages and medical expenses, as well as compensation for lost future income. Rarely were the worker and his lawyer successful in winning these cases, and no matter which way they went, the trust between employer and employee was seriously damaged.

When the case went to court, the employers had defenses prepared, they usually were:
1. The injury was the result of accepted risk for the job
2. The injury was caused by a co-worker who was negligent
3. The worker himself brought the accident on through his own negligence

Even if the court granted the worker an award, he would often have to wait a very long time to see any money. For a worker who could not work and earn a living, plus the accumulated fees of the workers compensation lawyer in Des Moines was devastating.

The workers compensation laws were prodded by laws passed in Germany in the late 1880s as well as laws passed in England in the late 1890s. The first workers compensation law to take effect in the United States was passed in 1908 and between then and 1920, most states had solidified their own laws.

What are the benefits of workers compensation?
If a worker is injured or killed while at work, workers compensation will provide either the worker or his heirs with a pre-set amount of compensation. Although the preset awards at times cover all the conditions, there are times when it does not. When the injured worker accepts the workers compensation deal, he, by default gives up any future recompense. From the employers view point, they are not allowed to give less than the law prescribes.

Most workers compensation plans are operated by the individual states, there are also plans run by individual independent insurance companies and some larger companies are self insured.

Filing a claim:
There are very few employees who are not covered by workers compensation. There are the odd exceptions, the owner of the business being one of them. When an employee is injured at work, the coverage is quite wide, including such injuries as carpal tunnel, hearing loss, broken bones, etc.

When you are injured, it is recommended that you consult with a worker’s compensation lawyer in Des Moines as the claim may have to be challenged by you, if the compensation is not high enough or the employer if the claimed amount is excessive.

 

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