Workers’ Compensation Law was put in place to protect workers from the financial harm of accidents and injuries suffered at work. The adoption of workers’ compensation statutes began around the time of the industrial revolution. Previously if a person was injured at work they had to seek compensation through common law. Injured employees could only recover from employers by showing the employer was negligent. Under the old system injured employees could only recover by showing the injury was caused only by the employer’s negligence
Modern workers’ compensation law provides employees with a speedy, no-fault, absolute, administrative remedy of workers’ compensation funded exclusively by the employer. For this the employee losses the ability to sue the employer in civil court for unlimited damages resulting from workplace injuries. In sum employers switched the many common law defenses they had in favor of a limited liability system. At the same time, employees swapped the uncertainties of a civil trial for a limited but more certain remedy.
When navigating the modern system of Workers’ Compensation Law it is helpful to have the assistance of a qualified and knowledgeable workers’ compensation attorney. Having a lawyer may help you get the help you need for your injury. If you have been injured at work or through a work place injury, call one of the lawyers at Hurst & Hurst Law at (859) 209-2101 for the help and advice you need.