All states of USA have a legal structure designed to provide benefits to the injured workers. Joe Tacopina says that compensation to the workers is a form of insurance to be availed by employers as per the US labor laws. This includes wage replacement and medical benefits to the workers in case of the accident in the workplace.
This law has been framed by U.S. Government to safeguard the laborers and to get compensation in case of their death or injury or serious injury, which make them invalid as well as out of employment. The law applies obligations of the employers to provide safe workplace, supply safety tools, danger signals, and provide knowledgeable safety officers who are fit and specially trained on occupational safety aspects. This initiates Workers to follow workplace safety rules for their own welfare. Employer Liability Act was passed in the U.S.A. in 1907. The amount of concession varies from state to state.
Under the common law claims by workers are limited by three defenses to be afforded by employers as indicated below:
- Employer can be considered innocent to the extent that injury is caused by the negligence of the injured worker wholly or partly
- The law has provision to allow an employer to be held harmless to the extent that the injured worker neglected in using safety equipment provided to them by the employer like safety helmet, safety the belt, safety shoes, safety glasses and many and other precautions.
- The risk assumed by the law says that the employer cannot be held responsible to the extent that the worker voluntarily accepted the risks associated with in duty hours.
How a Lawyer Helps Victims Get Benefited
A number of cases in the courts of U.S.A. revealed workers suffering from mental distress as a consequence of bullying or harassment of the employers in a workplace in providing accidental compensation. Worker’s compensation Lawyer helps workers to recover compensation, which includes medical bills and lost wages and may comprise:
- Benefit due to Permanent total disability
- Benefit for temporary or partial disability
- Medial expense compensation
- Reimbursement of wage
AIW is a Lawyer clinic or firm, which provides free legal aids in court as well as representation in favor of the workers injured by the workplace accident. The clinic deals specifically with the claims under WSIB, Workplace Safety and Insurance Board of U.S.A. They may appeal to the tribunal of WSIAT, Workplace Safety and Insurance Appeals Tribunal U.S.A. Under some special circumstances, the Aid Layers may represent workers suffered by workplace injury before tribunals. For example, activities before Labor Relation Board and Human Rights Commission.
As per Joe Tacopina workers who can afford may hire an experience quality lawyer who will help him to obtain compensation and benefits from the employers. The goal of the lawyer is to mitigate the accused employer’s liability. Typical jobs of an injured Worker lawyer are as follows:
- Collecting medical reports
- Obtaining deposition of the injured worker
- Conducting investigation
- Legal research work
- Case litigation before the judge