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02-27-2013, 06:55 PM
Join Date: Sep 2005
Location: Salem, MA
Originally Posted by
If I'm not mistaken, the compensation system in the US is state run. Some of which are non-existent and are solely dependent on legal action. That sucks for an employer because it's really easy to prove negligence when the only real defense is due diligence. Especially where the OSHA - a benchmark Act for individual states - more or less says employers must provide a safe workplace.
In all Canadian provinces the compensation system is mandatory and completely employer funded. The benefit is that workers are not allowed to sue their employer. There's only very few exceptions to this in Canada.
If that is indeed true, I would hate to see the tab for owed damages.
[Commercial Lines Actuary speech]
Workers Compensation is run on a state by state basis. Most states have a private market, though a few of them (OH, ND, WY iirc) are solely run by the states with no private companies.
However, Workers Compensation is a departure from the US legal system. In exchange for a bar against lawsuit, employers have strict liability for all workplace injuries. The benefits are strictly laid out by state. You get lost wages, compensation for any permanent disability injuries, plus 100% coverage for all medical expenses. If you break an arm, and then get addicted to oxycontin during the recovery, the employer/insurer is responsible for the treatment to get you off the drugs as well. However, there is no pain/suffering or punitive damages, because you can't sue.
However, the WC bar has a BIG exception, which is rare but might apply here. If the employer is wantonly negligent, you can sue.
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