Worker’s compensation is the system developed to pay costs to those individuals that suffer an injury while at work. This compensation provides wage replacement, medical (includes office visits, any surgeries, and prescriptions) and rehabilitative services. Getting injured at work can happen and a Grand Rapids Worker’s Compensation attorney is there to help. Sure, you can try to handle worker’s compensation claims on your own; however it can get overwhelming and confusing. A Grand Rapids Worker’s Compensation attorney is just a phone call away to help you sort the confusion.
In 1912, Michigan, along with most other states, adopted a Workman’s Compensation Act. Before that act was adopted, any worker who was injured while on the job could sue the employer in a civil lawsuit or tort action.
The civil lawsuit provided the same remedy to one injured at work as it did to an individual who was injured under other circumstances; however, under a tort action, it was necessary that the injured party prove that the injury occurred while working because the employer was negligent. The employer had three significant defenses:
- that the employee was also negligent
- that the worker knew of any danger involved, and understood the risk
- that the injury occurred because of the negligence of a fellow employee
Wow this was a tough system! Under this system, it was extremely difficult for a worker to pull through against his or her employer; however if by some chance the employee prevailed, he or she could receive compensation in any amount from the jury. A Grand Rapids Worker’s Compensation attorney would have been very helpful!
Thankfully, after the Workmen’s Compensation Act of 1912 gave a no fault system in which the worker was no longer required to prove the employer negligent thus eliminating the employers three defenses. The intent of this act was to hold the employer accountable for any injury that an employee has while working, regardless of where the burden of fault lies.
A Grand Rapids Worker’s Compensation attorney is still significant when it comes to cutting through the proverbial red tape because let’s face it, who wants to stress about how the medical expenses are going to get paid while you are recovering from an injury?
The Workman’s Compensation Act of 1912 gave almost automatic liability to the employer; however it did set a limit on the dollar amount that a worker could recover. Today, workers are entitled to:
- certain wage loss reimbursement
- the cost of medical treatment (emergency room, hospitalizations, surgeries, office visits, prescriptions, transportation costs directly involved with medical treatments and other approved medical services)
- certain rehabilitative services (occupational therapy, physical therapy and other approved services)
The old system could have awarded the injured worker compensation for pain and suffering, loss of enjoyment of life and other damages; however since the induction of the Worker’s Compensation Act, recovery is limited to these three areas no matter how serious the injury actually is. A Grand Rapids Worker’s Compensation attorney can help
Since the induction of the Workman’s Compensation Act in 1912, changes have occurred within the scope of the law. A Grand Rapids Worker’s Compensation attorney is here to help the injured worker what they are entitled to.