Legal Definitions - workmen's compensation

Workers' compensation (sometimes historically referred to as "workmen's compensation") is a system of insurance that provides benefits to employees who suffer injuries or illnesses arising out of and in the course of their employment. This system operates on a "no-fault" basis, meaning that an injured employee can receive benefits regardless of whether the employer or employee was responsible for the injury. In exchange for these benefits, the employee typically gives up the right to sue their employer for negligence related to the injury.

The primary purpose of workers' compensation is to ensure that employees receive prompt medical treatment and financial support for lost wages without the need for lengthy and costly lawsuits. It also provides a degree of protection for employers from direct liability lawsuits.

• Example 1: A construction worker is operating a forklift on a job site and, despite following all safety protocols, a sudden mechanical failure causes the forklift to tip over, resulting in the worker sustaining a leg injury.

  Explanation: In this scenario, the construction worker would be eligible for workers' compensation benefits. Even though neither the worker nor the employer was necessarily at fault for the mechanical failure, the injury occurred while the worker was performing their job duties. Workers' compensation would cover the worker's medical expenses for the leg injury and provide a portion of their wages while they are unable to work.

• Example 2: An airline baggage handler develops a chronic back condition over several years due to the repetitive heavy lifting required by their job, eventually needing surgery and extensive physical therapy.

  Explanation: This chronic back condition, directly attributable to the physical demands of the baggage handler's employment, qualifies as an occupational illness or injury under workers' compensation. The system would cover the costs of the surgery, physical therapy, and provide wage replacement during their recovery, even though there wasn't a single, sudden accident.

• Example 3: A corporate executive is traveling for a business conference in another city. While walking from their hotel to the conference venue, they slip on an icy sidewalk and break their wrist.

  Explanation: Although the injury occurred outside the traditional workplace, the executive was traveling for a work-related purpose, making the injury one that arose "in the course of employment." Therefore, their medical bills for the broken wrist and any lost income during their recovery would typically be covered by their employer's workers' compensation insurance.