Question

Describe the major provisions of worker's compensation laws. Based on this information, do you feel it is fair that workers do not have the right to sue their employers for negligence? Why (not)?

Be sure to respond in a business-like manner using proper spelling, grammar and sentence structure. Your response should be at least two paragraphs in length. thank you

Answer 1

Worker’s compensation laws are designed to compensate the employees who are injured at work. The employees can receive compensation regardless of who was at fault for the injury. They can recover the lost wages, medical expenses, disability payments and cost associated with the rehabilitation and retraining. But in exchange for the protection under worker’s compensation, the employees lose their right to sue the employer for damages. In order to qualify, the worker should be injured while doing something for the benefit of employer or in the course of the employment. Only employees are covered by the worker’s compensation and independent contractors are not covered.

I do not feel it to be fair that workers do not have the right to sue their employers for negligence by availing worker’s compensation. The provision would be helpful in the case of small injuries that happen in workplace. But in the case of major accidents that lead to death of the workers, the employees should be able to sue the employer. The employers are benefitted under this plan because they can avoid the chances of litigation irrespective of the consequences. The employer may not exercise proper care while ensuring the workplace safety of the employees as they will not be liable for the injuries due to their negligence. Hence in my opinion, employees should have the right to sue the employer for serious negligence.