IBE-W - International Brotherhood of Electrical Workers

Workers'
Compensation:
Will it Be
There Should
You Need It?
WorkerS'compensation '" the name
gwen to pmgrdJn~ dc~igned to provide
rcplnccmcni income and medu.:al benefite;;
to \Vork cr~ w ho suMain work-related
physical or mental injurie .. or ill nec;;;;c ...
Death benefit\; are provided to \urviving
'pou",", and dependenl ch ildren of those
killed on Ihcjob. ln the hire 19th and early
20th ccnlu rie~. workplace mj~ T1 cs and
illnesc;;e~ incrc~\Cd dramatica lly a!o! a result
of rapid indU!IlrialiLi.uion. WorkCri'
campen alion evolved as a fo nn of social
inc;;urancc to guamnlce medical and financial
tly.,i ... tance to individuab injured
on the job ami 10 guaranlCC com(lCn~mion
to their famihc, if the workc~ were killed.
Before worlcrs ' compens3110n \\-a\
c"ablishcd in the early 1900., worke"
IJIjured on the job could lIC their employ­
CT1\ for damage .... However. injured work ­
cr;, had to prove their injur i e~ resulted
lrom the employer ' ~ negligence or fuull.
Employe" gencr:.IlIy Ul\ed lhree comInonlaw
defense, 10 c>cape liabililY: ( I I Ihe
injury ur dc.::OItl l Ic ... ulte:d from the negh.
genccofa fc llow cmployee,(2) Ihe worker
31:Osumed Ihe m,k of injury or death. and
(3) the worker wa ... guilty of COnl nblllory
negligence. Con ~uen1 l y. worlers rarely
received compcn ... auon for their disabililie
...
Lawsuil~ were inefficient. time con­
'"llning and frC(lucntl y inequitable mean~
of ""ekmg l'·OI11pt'n ... al ion fnr occupattonal
injury and i11ne ... s. litigation W:I costly
and very unprcdictable. Work cr~ and
cmp l oycr~ needed a nevJ procedure for
~e ll iing the ... e cl3ims. in itially. stale ... lilll­
Ited thc dcren ... c~ traditionally ul'lcd by
employer!. 10 avoid liabil ity. 'l1cn, be­
I"een 1911 and 1920, all bUI eighl states
C1!lablished wurker~' com)X'Il"'al ion progrmm,.
Under a workers' co mpclI ~mlO n program.
cmployers arc legally re"'pon