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Workers' compensation or workers' comp (formerly workmen's compensation until the name was changed to make it gender-neutral) is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain". One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that, and thus to ensure security of compensation to the workers. Individual immunity is the necessary corollary to collective liability.
While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment.
General damage for pain and suffering, and punitive damages for employer negligence, are generally not available in workers' compensation plans, and negligence is generally not an issue in the case.
I work Fifo for a contract company to FMG
In march I fell from a truck and fractured both Scapula's and 3 compression fractures of the spine, I have now returned to work cleared to drive truck and tele handler but I am limited to lifting weights under 10kg.
I still get a lot of pain in my...
I had seven charges withdrawn 2 days before a two day contest, the original brief served on me was incomplete, I received some legal advice from two different free lawyers and they both said that what I did was not an offence but I should insist on obtaining the full brief of evidence. I...
Hi, i was hoping to get some answers to a question i have about ordinary contracted hours vs actual hours worked. I am contracted to a standard week of 38 hours and it also states this on my timesheet under "ordinary 38 hours". The issue is we start at 5am every day and finish at 1:30 every day...
just wondering how to appropriately go about requesting damages for a sexual harassment claim where HR of the company I worked for was in breach of 3 different policies?
This is noted in an official document but I’m not sure how or what to request in a formal letter
Good morning LawAnswers,
I would greatly appreciate any info you can offer me and my young family.
Long story short: Moved into a beautiful rental in August 2020, paying $800/ week. On the Entry Report we documented a horrendous smell coming from the very large kitchen island bench (large...
I work under NSW Health as a full-time employee.
Currently, I'm on workers compensation (on light duty). I started applying for other jobs in different areas and have been offered a casual role.
So ideally I wanted to change my working hours at current job to part-time.
This question is based on beauty/medical industry.
A client came in for treatment was made aware of possible risks and side effects before procedure commenced and this was well documented.
Client unfortunately states she has suffered from one of these risks which affects their...
My Nan died in 2015 as a result of the standard of care provided at a Melbourne Aged Care facility. I lodged a complaint with the Aged Care Commissioner, but they've failed to follow through on their own recommendations (i.e. increased number of unannounced site visits).
So, I want to know if...
I was wondering whether or not compensation could be made here.
I was under the care of a mental health professional a year ago now, and she did not undertake the appropriate training due to the negligence of the organisation she works for, which consequently lead to me...
Not sure what section to post but I'm wondering where I stand.
I adopted my beloved dog 10 years ago. He was 3-4 months and desexed. I have documents certifying this.
Over the course of the last 10 months it was discovered he had Cryptorchidism, which is one or two undescended...