Workers Compensation

Posted on 28. Apr, 2016 by in Law

What is Workers Compensation?
Claimwire, a website that covers a number of cases involving workers compensation, has made it remarkably easy for one to understand what workers compensation is, and how if affects our lives. The need for workers compensation arose from the fact that jobs can be remarkably stressful, and the execution (or failure to execute) of certain duties while on the job can lead to certain problematic conditions, and exacerbate pre-existing ones. Workers compensation guarantees workers pay for injuries and health issues that result from working.

Examples of Court Cases Involving Workers Compensation
Workers compensation is protected by law, and the need for this arises from the fact that companies do not want to pay workers compensation. Often companies find loopholes to claim that the worker was not actually on the job but rather was at home or doing something else. Workers compensation is very specific, covering accidents that “occur on the job” only. Jeanne Knight filed a claim that her job had become so remarkably stressful that it resulted in the need for psychiatric treatment. This is obviously very hard to prove. It is near impossible to prove beyond a shadow of a doubt that one suffered mental harm from working on the job. Ms. Knights case was denied multiple times as a result.

However, another case from Christina Coleman made it obvious that sometimes a few cases sneak through to judgement. Even though Ms. Coleman had a pre-existing heart condition, she was able to receive workers compensation for heart issues that occurred on the job, which she claims to have resulted from stress.

Difficulties Involving Workers Compensation
Naturally, from a legal standpoint proving that one has suffered from stress or received some sort of mental ailment as a result of stressful working environments is near impossible to prove, and even if proven is always open to being overturned.Because of this glaring issue, it has been very important to find a means of nailing down the exact definition of an on the job injury, and what characteristics must be present if one is to file for and have a chance of receiving proper compensation for on the job injuries.

Methods of Determining Workers Compensation
California has begun to work on a definition for workers compensation. There are six criteria which one must meet to successfully file. The first involves length of employment: one must be employed for at least six months. The second is a list of psychiatric conditions. The third is that the incident must be proven beyond 51% doubt. Four involves the principle that “good faith” is maintained (no insults qualify nor do reprimands). Five states that the condition must not be the result of a litigation, such as denial of a claim. Finally, six states that a claim can’t be made after or during a termination process. These regulations will begin to clarify the incidents that qualify for workers compensation and the ones that do not.

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