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Workman’s Compensation assignment
Workman’s Compensation essay
Also referred to as work injury compensation, workman’s compensation refers to a social welfare insurance program in which employers are required by law to cover part of the costs of occupational or work-related injuries suffered by their employees. This compulsory social insurance mandates employers to provide their employees with certain benefits such as employment injury benefits. However, this common law doctrine does not operate as insurance per se even though employers contribute premiums to the scheme. Rather, it is meant to replace lost wages owing to the injuries suffered while on the job. This payment also covers occupational diseases. The doctrine of employment or labor law is premised on the principle of strict liability which is liability without fault. Under this doctrine, an employee who is injured while in the course of their employment-related duties is automatically entitled to damages without proving that the employer was at fault or was responsible in some way in causing the injuries suffered.
The rationale behind this strict liability is that the people who are best suited to prevent workplace accidents and injuries and who have the economic incentives to do so are the employers and hence they should be held responsible to pay for any expenses incurred by an employee in treating their injuries. The only thing that an employee who has been injured has to prove to be entitled to workman's compensation benefits is that the injury occurred or arose out of and in the course of their employment. What led to this public benefit scheme under common law was the unfairness of the assumption of risk and contributory negligence defenses which used to shield employers from liability in case of injuries to an employee. The doctrine was thus meant to remove this power imbalance between the employee and the employer and to relieve workers injured while working the difficulty, cost, and delay in suing their employers. The scheme also covers the employee's dependents......GET A PLAGIARISM FREE COPY