Workers Payments and Statutory Acts
Posted on 30. May, 2010 by lawyer in Accidents
This is because the payments are only made on the basis of an employee’s capability to get employment partially for instance it is presumed that an employee who has lost an arm is still in a position to find work. The disadvantage is that the statutory does not put into consideration the challenges the employee is likely to face when looking for work that will put that disability into consideration.
Injured Employee Compensation
On the same note, the workers’ compensation might recommend that the injured employee be given light duties yet the employer can easily claim that there are no such light duties therefore end up terminating the worker’s employment by claiming that he/she is not in a position to complete assigned duties. On the same note, attempts have been made to include other forms of injury including stress, silicosis as well as repetitive strain injury yet the law always disregards such forms of injury. Apart from that, the law does not also clearly state the total cost enough to provide for a disabled employee. As a result, the stipulated cost may be way below the actual amount that would be enough to sustain the employee’s living conditions throughout his/her life.
On the same note, an employee’s physical injury will affect his/her capacity depending on the professions. If a banker loses a finger, his earning capacity may not be affected as much as that of a pianist.
Statutory Compensation in the USA
Employer Liability Acts were passed by Georgia and Alabama in 1885 whereas similar acts were passed between 1855 to 1907 in 26 states. These acts were aimed at permitting injured employees to sue their employers and at the same time prove a case of negligent act or omission.
Following the enactment of Germany’s 1884 Act, reforms on workers’ compensation laws were initiated. This was done in a bid to discourage litigation, and also to discard the necessity for employees to prove that their injuries were as a result of the employer’s negligence. For instance, the 1800 Act was replaced by the 1897 British Act.
This article does not intend to give any legal advice. Please go and visit the attorneys Shavitz Law Group to know about statutory laws on workers compensation. Helping all workers in Florida.
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