Worker’s compensation is a form of insurance which covers employees on job injuries as well as conditions which they develop because of work they have to do on job like the carpal tunnel syndrome. The compensation in its current form has been adopted by most nations in the developed world since the beginning of the 20th century. The law provides protection for both the employers and the employees is fair to both parties. The necessity of the law can be estimated from the fact that some form of worker’s protection has been part of the law in all ancient civilizations including Greeks, Romans, Chinese, Arabs and Egyptians. The law has become increasingly important since the beginning of industrial revolution as more work related injury occurs to employees when humans interact with heavy machines.
Fairness to Employees
Worker’s Compensation is a sort of bargain for employees in which they gain a set of limited benefits which are certain in exchange of not having to prove the negligence of employer. The Oregon Worker’s Compensation Act guarantees wage benefits and medical bills to employees for any work related injury, condition or disease even in cases where the injury is caused by the mistake or negligence of the employee. This makes sure that an employee is insured and covered for and does not incur great loss in such a scenario.
The other side of the compensation bargain is that an employee is limited to the benefits he/she is provided in the Oregon Worker’s Compensation Act and nothing more. The employee cannot sue the employer for other awards like pain and suffering and emotional distress which are available in common law. However, the Oregon Employer’s Liability Act makes the whole system fair by making an employer liable for damages in case the employer has not completely followed the health and safety laws of Oregon. In such cases, if an employee gets injured the employer cannot present negligence of the employee or that of other fellow employees as a defense. However, a jury would consider such information while evaluating the damages that are to be paid by the employer.
Fairness to Employers
Before the Oregon Workers’ Compensation Act was passed, an employer could have been sued by employees for injuries that occurred to them while on work. In such cases, if the employer was proven to be negligent, then the employer had to pay all damages to the employee that are payable under the common law including wage loss, medical bills, pain and suffering damages as well as emotional distress damages. However, the Oregon Workers’ Compensation Act protects employers from being sued under common law if they are completely following the health and safety protocols established in Oregon.
The employers are now under law required to have workers’ compensation insurance for all their employees which is a limited liability. Moreover, thanks to the law now they do not have to incur the expense of lengthy litigation which saves both their time and money.
Thus the Oregon Workers’ Compensation is a necessary law that is a fair solution for both employers and employees.