The only thing certain in ‘Life’ is that until the day you die, you live. Thus, when you do have to live, should you not yearn to live safely? However, is everything in your hands? You never know when you could become a victim of an accident. You may not be at fault. However, as a victim, you may have to suffer. This brings us to the question of workers compensation and its legal implications. Hence, we should understand the basic concept of workers compensation before moving ahead on the subject.
The concept of workers compensation:
We should have a little background before coming to the aspect of workers compensation. Imagine a worker getting involved in an accident thereby injuring him severely. The fallout of the accident could be such that it would require months for him to become fit to work again. He would suffer a heavy loss due to loss of regular income. He may contemplate filing a suit against the employer for being responsible for the situation. Employers resort to the workers compensation concept in order to avoid such situations.
The workers compensation is a kind of an insurance policy whereby the employer would agree to provide wage replacement and provide medical benefits to the employees who suffer injuries during the course of performing their official duties. In return, the employees relinquish the right to sue the employer for any act of negligence.
In spite of having such a clear contract, there are innumerable cases where the employer declines to offer the compensation. In fact, the terms of the contract are such that it allows the employer to take advantage and slip away.
The employer can take defense in the following three events. He can escape paying compensation if,
The employer can prove that the real cause of the injury is due to the rash and negligent act of a fellow employee.
The victim has not exercised the requisite amount of caution, as an ordinary man of prudence would have.
The employee is aware of the risks involved and voluntarily accepted the risks that come with the work.
The employer may reject the claim of the employee for compensation thereby releasing him from the contract. This would enable the employee to approach the legal forum for redressal. The workers compensation lawyer would be the best person to advise him on the matter.
The role of the workers compensation lawyer:
The role of the lawyer is a clearly defined one. He has to ensure maximum compensation for his client. To ensure this, he may have to go through the examples of workers compensation cases in history to cite the same as a precedent.
There may be hundreds of cases involving automobile accidents inside factories and industries. There may be a precedent somewhere that the advocate can take advantage. It is up to the employee to prove that he had exercised abundant caution on his part and that the employer is liable to pay the compensation as decided in the agreement.