The Epstein Law Firm

Workers Compensation

In the United States, worker's compensation first began in 1911 in the state of Wisconsin. Other U.S. jurisdictions followed suit. In general, statutory Workers' Compensation systems strike a compromise, guaranteeing workers medical care and payment for lost time on a no-fault basis. Prior to the enactment of Workers' Compensation laws, injured workers had to file suit against employers (usually for the tort of negligence), and such legal actions had significant drawbacks for workers. At the same time, a successful suit could impose very large and unpredictable costs on an employer. Statutory Workers' Compensation systems provide for prompt payment of medical, rehabilitation, and lost time costs to injured workers, while placing limits on the cost of the system for employers. This trade-off became known as the "workers' compensation bargain"; that is, the worker traded his/her right to bring a tort suit against their employer in exchange for prompt medical care and disability payments (indemnity payments). Thus workers compensation is the original "Tort Reform."

Injuries at work happen more often than people realize. A survey taken by the Bureau of Labor Statistics, U.S. Department of Labor found that in 2002, there were 4.7 million non-life threatening Worker's Comp claims reported. Broken down, for every 100 full-time workers, 5.3 cases were reported. Some may ask, what is Worker's Comp? How do I know if I qualify? Worker's Compensation is a form of insurance that provides compensation medical care for employees who are injured on the job.

Contact us for more information regarding Worker's Compensation.