The Agreeable Balance of Workers Compensation : Doorjam Press

Although every individual case is different, workers compensation is one aspect of insurance law that is generally well received by both employees and employers. It can seem rare that conflicting sides of an insurance claim would see eye to eye, but this is usually the case for workers comp. Obviously there may be disputes over claim amounts or other details, but it would be difficult to find anyone who disagrees altogether with the policy. This is because the mechanics of the law are well balanced so that both parties have something to gain.

Both Sides Have Something to Gain

Employees generally feel supported by workers compensation law because it provides a safety net in the case of accident or injury. The injured worker is guaranteed certain reimbursements for medical expenses incurred, lost wages, and so on. In this way, the employer provides an extra degree of health insurance and/or life insurance, and workers feel protected.

Employers gain something as well. In exchange for financial support, the injured employee agrees not to pursue legal action against the employer. This helps the organization avoid unbridled legal expenses, wasted time, and other hassles. Although disputes may arise over amounts or other payment conditions, in general most people who have had occasion to experience the system are basically content with the provisions of the law. To understand how this happy balance was struck, it is necessary to take a look back at how the system functioned before.

The Roots of Worker Compensation Law

Australia is unique in the world because the nation experienced labor reform very early. Organized unions were responsible for effecting pressure on industry as early as the late 19th century. Consequently, workers compensation laws here were some of the first around the world. Before these laws, employees had only one recourse against negligent employers: suing them in a court of law. While this may seem reasonable on paper, one must remember that average worker back then, and to a large degree today as well, would have been unable to hire lawyers and otherwise invest in a protracted legal battle. Even if they were able to cobble together a case, employers usually won anyway thanks to superior influence with the courts and deep pockets. On top of these disadvantages, an injured worker would have had to concentrate on finding other income sources immediately. A legal battle was not a realistic option; real recourse for injured persons was very limited indeed.

Despite the serious imbalance of the system, it did occasionally happen that injured workers would succeed in court. In these rare cases, there was no limit to the awards that could be granted, and so industry could potentially face significant loses thanks to successful claims. Despite this, big industry would probably have obstructed workers compensation laws had it not been for increasing pressure from ever more influential unions around the dawn of the 20th century. Because of these pressures, however, industry acquiesced as they began to see the writing on the wall. In then end, the battle was not extraordinarily difficult because employers, after all, did gain a guarantee against run-away prosecution. In the days when furious unions were taking the streets in Melbourne and Brisbane, this must have offered a certain amount of relief.

In the end, workers compensation laws offer a particularly harmonious balance with something to offer both workers and employers. Injured workers gain financial support to help them through difficult times. This is all most employees are interest in anyway. Businesses are able to continue with normal operations without fear of expensive and time-consuming law suits. An extra added benefit of this law, and perhaps the most positive result of the whole story is that both workers and employers are presented with good motivation to keep working conditions safe and to avoid hazardous situations. These laws signify for all parties concerned that risky conditions equal extra expense and wasted time. In Australia, at least, this is one area where workers and employers tend to agree.

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Source: http://doorjambpress.org/?p=27

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