Archive for June, 2011
Workers Compensation Policy – A brief discussion
Workers compensation insurance is a coverage which all big and small organizations, in practically all countries all over the world need to Undertake and obey, by the order of the judiciary of the respective country. This provision will allow the workers, to claim compensation from the employer on account of an incident at workplace or Whilst carrying out tasks connected to profession. The employee receives some amount either as a one off cost or in the form of weekly salary during his absenteeism from work. This, in some cases and particularly in the Combined Says is named “Exclusive Remedy”.
The coverage and its rules differ for diverse countries. Some rules may even be diverse for distinct organizations. But every coverage helps make provision for compensation based on some common outlines. An employer is liable to compensate the employee if and only if the employee gets injured either at his workplace, or if he is out of the premises for the accomplishment of some task assigned to him by the employer. For any accidents that take place other than the two aforementioned cases, the employer , in no way, is liable for any compensation. Here it must be made clear that incident does not refer only to damage but also job related illness. This signifies, if someone falls ill at workplace, no matter due to whatsoever factors, and is therefore rendered unfit to come to work for subsequent days, he is entitled to claim compensation till the date he gets fit for work.
The workers compensation coverage is binding on the employer to pay compensation in situations covered under the above outlines, no matter what ever be the cause. To clarify, if the worker of a factory, gets injured Even though within the factory premises, even if at some other place rather than his division, say in the canteen during the lunch break, even now he is entitled to claim compensation. This boundation on the employer assumes that the incident suffered by the employee is a result of neither the employer’s negligence nor any co worker’s. This provision was made to safeguard the interests of the employee by assuming that the injury was caused due to a “third party”.
In case the employer disagrees or denies compensation to the worker, the worker has the right to sue the employer in courtroom of Justice. However, whatever compensation the worker will be paid, shall be decided by the worker’s compensation system, unless and until finally, it was the employer’s sound intention to harm the employee. This has to be proved in court. However such cases are rarely encountered.
In the united states, the provisions of the coverage have been set diversely for diverse Says. For illustration in context to who is entitled to opt for the physician involving the worker and the employer, the Says of Alabama and Georgia have diverse rules. In Alabama, the employer has the right to opt for the physician while in Georgia, the worker gets to pick the physician but he can only do so from a list of physicians ready by the employer. similarly, the lawyer fees permitted statutorily in the State of Arizona is 25% whereas in State of Pennsylvania, it is 20%. Therefore, an worker must be aware of the basic legal rights that he has in his Condition under this policy.
Till now, we discussed briefly about the legal rights of an employee over an employer. But what if a person is self employed? When these policies were formulated, the range of self employed personnel were few, pretty much negligible. But now, a large percentage of the active earning population is self employed. Therefore, some countries also have the “Self Employed Workers Compensation insurance coverage coverage”. This includes many provisions which safeguard their interests.
Long long ago in the united kingdom, in the era when an employer was considered a master and an worker a servant, there was nothing as a workers compensation coverage. At that time, if an employee wanted to claim compensation on the discussed grounds he needed to knock the door of the courtroom. Even then, many a times the judiciary treated him as a servant and favored the employer. Such things gave rise to this coverage. Nevertheless corruption often creeps in and amidst such politics the rights get lost somewhere.