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    Workers' Compensation law

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    Worker's compensation cases arise frequently in the workplace, do you feel that the current structure of your own state's laws on worker's compensation has caused an environment which favors the worker over the employer or vice versa?

    Explain your answer.

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    Without the context of knowing what jurisdiction you are in, this question is impossible to answer fully.

    In addition, the question asks you for your own opinion on the question. I obviously cannot (and will not) form such an opinion for you.

    What I can do is give you some background on how Worker's Compensation works.

    1. Worker's Compensation is a Statutory Animal that displaces common law right to bring a tort action.

    Under common law, a worker could sue his employer for his employer's wrongful acts (negligence or purposeful, as well as strict liability) and obtain an award of damages if the wrongful act was proven. Such cases were tried before a jury (depending on local rules regarding case values).

    In the United States, many States as well as the federal govenment enacted Statutes which take these type of cases out of the jury system. It adopts a system of "No Fault" - meaning that employers pay into a government controlled fund that will determine the value of a worker's injuries without a showing that the employer was negligent, etc.

    "Workers' Compensation laws are ...

    Solution Summary

    Workers' Compensation law is discussed.