Hierarchy has been an age-old system and not only does it continue to fuel the world today, it exists in every nook and cranny, in various nature and degree of our daily lives. Inevitably, every chain of command comes with the tendency of those above to abuse power. We often hear it at the end of the day – bosses make our lives both delightful and miserable.
The Workers Compensation Law is commendable for promoting the rights of those who come from the lower side of the chain: the common employee. This law awards workers of different benefits they deserve for their praiseworthy sweat, toil, and dedication.
However, Workers Compensation seems seriously limited for my taste, especially discriminating to the worker risking his life and limb for the job. Yes, he is entitled to several benefits but when it comes to construction accidents, it can be quite disparaging as medical treatment usually comes slow and deficient. During recovery, the injured worker also receives reduced pay and unlike other cases, pain and sufferings, which he may want to claim, are generally not covered by this law http://www.californiainjurylawyerblog.com/2007/07/construction_accidents_cause_s.html.
If the injured worker suffers a “permanent partial disability,” he may be entitled to receive a lump sum for the percentage any permanent disability he suffers. Each state has a different disability formula and the amount of the settlement depends on the doctor’s findings and income at the time of injury. It is wise to consult your
California Court Attorney to determine the calculations of your benefit if you incurred this kind of injury.
Fault and negligence of the employer are immaterial under the Workers Compensation law but though the worker’s rights are an absolute remedy against the employer, it doesn’t exempt other involved companies or persons working, who may have been the actual cause or part of the accident. That’s just sensible but in case of companies or persons other than the employer, pain and suffering damages may be claimed.
I understand that the Workers Compensation law aims to protect employees while careful not to exploit employers but why remove the rights to recover pain and suffering damages from the former when the law actually recognizes its existence in other cases? What makes employers exempt from liability for the pain and sufferings of their very employees?
The Workers Compensation Law is a progressive step towards justice but since we are aiming for perfection and common good, more beneficial measures must be put into force so that those who have less truly receive more of the law.