Workers Compensation

The worker’s compensation is considered as a form of insurance that provides wage benefits and replacement for the employee in the course of employment in exchange for employee’s right (Deakin et al., 2012). If an employee is injured at the time of the job and qualify for the worker’s compensation, they should receive medical treatments, payment for time off work and compensation for permanent injury if they are unable to return to their daily routine job.

Worker’s compensation is governed by the OWCP (Office of worker’s compensation program that provides major disability programs for workers who are injured at work, and that might have been incurred as a resulting disability (Deakin et al., 2012). These include; medical treatment, wage replacement benefits, and vocational rehabilitation. Worker’s compensation is provided despite who was at fault for the caused injury.  This is because the worker’s compensation is created to offer protection to both the employee and the employer from hardships and costs of employee illness and injury.

In this case, there were assertions by a nursing home employee that an active shooter drill had been secretly arranged by her employer on duty Carbondale. A CO officer who was taken to be the gunman burst into the work area which held the plaintiff employee hostage. The employee cried and begged for life as the officer made gunpoint’s on her. Only did the officer tell her that it was a drill. There were insufficient facts to whether it was incidental to the employee’s working conditions. The employer contended that it was part of the safety program for the employee for any injuries that may occur in the course of employment.

The employee countered that the drill was related to the work duties and the circumstances were related to the nature of employment and were the intention of the employer to terrorize or place the employee in fear for their lives.  The judge acknowledged that it was not necessary for the employee to be engaged in an actual performance to be satisfied.  He said that the injury had raised a risk that was considered to be incidental and the particular employment circumstances.

In a case that the employee was injured during the plaintiff, they sought to receive worker’s compensation benefits (Leigh et al., 2012). This is because the incident has affected real lives regarding safety. The worker’s compensation program offers benefits to employees who suffer in the course of employment. The nursing home employee qualified for the worker’s compensation because they were performing their duties during the time of the drill. If they were injured at the time of the drill, she would have sought immediate medical treatment as approved by the worker’s compensation board.  In this case, the worker’s compensation is classified as a medical treatment compensation (Sengupta et al., 2012). This is because the worker’s compensation Act offers benefits during the time of injury of an employee when growing out their performance and incidental to their employment.

Conclusion

If an employee is injured at the time of the job and qualifies for worker’s compensation, they should receive medical treatments and also payments during off work. The injured worker who is eligible for the worker’s compensation should receive medical care that is related directly to the original injury and permanent and recovery from their disability. In a case that the injury causes death, the survivors that are connected to the victim receive the compensation benefits. The worker’s compensation is important to the workers because they are forms of benefits that compensate the employee during their time of duty.  They are coverage premiums that are based on the employer’s payroll.

References

Deakin, S. F., & Morris, G. S. (2012). Labour law. Hart Publishing.

Leigh, J. P., & Marcin, J. P. (2012). Workers’ compensation benefits and shifting costs for occupational injury and illness. Journal of Occupational and Environmental Medicine, 54(4), 445-450.

Sengupta, I., Reno, V. P., Burton Jr, J. F., & Baldwin, M. L. (2012). Workers’ compensation: Benefits, coverage, and costs, 2010.