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Workers' compensation laws
protect employees who are injured on the job.
In cases where workers are killed on the job
worker's compensation may provide benefits to the
worker's widow and dependents depending upon the
jurisdiction.
Prior to the creation of workers'
compensation laws, workers injured on the job were
required to sue their employer and prove malice or
negligence in order to receive compensation.
Usually compensation awarded by the courts in
successful cases did not cover the full losses to
the worker.
Workers' compensation laws were
created as a result of the costs involved with
litigating worker injury claims and harm a
protracted loss of income combined with medical
costs was having on injured workers. The first
workers' compensation law as passed in Maryland in
1902 and followed by many other states. Today
nearly all employees in the U.S. who are injured on
the job are provided with medical care for the
injury and in some cases compensation for resulting
disabilities.
Nearly all employers must carry
workers' compensation insurance by law. Some
states have created uninsured employer funds to pay
injured workers claims whose employers have
illegally failed to provide workers' compensation
insurance. Companies may purchase insurance
through various insurance companies. There are
severe penalties for companies who fail to provide
lawfully required workers' compensation insurance.
In most states it is illegal to
discriminate against an employee or job applicant on
the basis of his or her worker's compensation claim
history. It is also illegal for an employee to
falsely file a claim. Some employers have even
hired investigators to determine if claims are
legitimate and to video tape claimants who obviously
have filed false claims.
Some employers routinely contest
employee workers' compensation claims. A
seriously injured worker who's claim is being
contested is well advised to consult with an
attorney who specializes in defending such claims.
Most states limit the amount of fees an attorney may
charge in worker's compensation claim cases and
limit fees to a percentage of proceeds recovered.
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