Understanding the Nature and Scope of Legal Provisions in Workers Compensation
Essentially, the reason everyone strives to get a job is to have a reliable source of income that will enable him or her to meet daily needs. This is why compensation is such an elemental part of the laws governing employment. It is your right to receive a reasonable compensation, which is commensurate with the services that you offer your employer. Today, remuneration packages have been refined to include more items other than your wage or salary. Health benefits, bonuses, promotions and appraisals are other forms of compensation that you can receive from your employer. The following discussion centres on the legal perspective of workers' compensation to help you gain more insight:
How Does the Law Define Workers Compensation?
Essentially, the law recognises workers compensation as a statutory method of giving benefits to an employee or to those whom he or she has listed as beneficiaries. Such benefits are awarded following an injury suffered by the employee in the course of performing the duties assigned to him or her by the employer.
What Are Some of the Compensation Instruments Availed to Injured Employees?
There are different compensation packages availed to employees depending on the type of injuries they suffer and the severity of those injuries. Some of the benefits awarded in such cases are:
- Medical, hospital and rehabilitation expenses – Here, the employer reserves the right to choose a physician and insurer on behalf of the employee. The employer definitely looks for a favourable deal that offers maximum compensation at the lowest cost.
- Dependency benefits – Dependency benefits are awarded when an employee dies from a work-related injury. The law uses wills left behind by a deceased individual to determine the person who has a right to receive the compensation. In the absence of a will, other documents such as marriage certificates (to identify the spouse) and birth certificates (to identify the children) might be considered.
When Might the Employer Be Exempted from Providing Compensation?
Legally, there are cases where an employer might be exempted from providing compensation benefits to an employee. The first instance is a case where the employee is operating under an independent contractor who is not under the control of the employer. Should an employee suffer an injury in such a case, the independent contractor is liable. Secondly, an employer is not liable for injuries suffered outside the scope of the employee's assigned duties.
Contact a workers' compensation lawyer in your area for more information.