|
The Way It Was While there is some indication that a form of Workers’ Compensation existed over 1,000 years B.C, England and Germany had laws on their books in the early 1800s protecting workers who were injured on the job. Beginning in 1855 and continuing to the early 1900s, 27 states passed laws allowing employees to sue employers. Prior to 1902, the employee had to file a civil suit and prove that the employer was at fault for their injuries and for the accident that caused them. This was often very difficult. Even when employee won the lawsuit, the compensation was not always adequate to cover the full loss he or she incurred. The Seeds of Change Maryland, in 1902, was the first state to pass a law requiring mining employers to provide workers compensation. While Maryland’s law set things in motion, it wasn’t until 1906 that the Federal Government passed a comparable law for federal employees. Many states passed laws over the next decade that were declared unconstitutional, and were ultimately revised. Workers’ Compensation Catches On In 1911, Wisconsin passed a law that established the first statutory system, which other states soon emulated. These types of systems provided for immediate no-fault medical care coverage and payment for income lost due to the injury. By 1948, when Mississippi passed its laws all states had enacted workers compensation laws. There are four basic models for workers compensation insurance coverage: • Private insurers: employers purchase coverage from private insurance companies. • State funding: the state government funds the coverage for state employees and some states provide policies for private businesses, as well Competitive state funding: employers have option of purchasing state funding or private funding. • Federal appropriations: covers federal employees. • Self-insured: some states allow employers to fund their own workers compensation coverage In addition to these models, compensation is available for railroad workers and seamen through the Federal Employer’s Liability Act (FELA) and the Jones Act. Legal Complications Because many employers fight workers compensation claims, an employee may find it necessary to file a personal injury lawsuit. These actions are handled in most states through administrative agencies, and determined by administrative law judges rather than in the trial courts. Where this system is not in place, suits are filed in trial courts. If you were injured on the job, or if you believe you are not receiving all benefits to which you are entitled, please contact one of our Workers’ Compensation attorneys at The Florida Firm in Orlando, Florida.
Related Articles -
Daytona workers compensation attorney, Daytona workers compensation lawyer, Daytona wrongful death, Daytona wrongful death attorney,
| 
