Workers’ compensation should not be a fearful or unfair process. Workers’ compensation is insurance that provides wages to injured employees who might have to miss work as well as medical benefits. Below, some of the rights outside of workers’ compensation are defined, there is also a short scenario, and last a critical analysis to help illuminate what rights the employee and the employer have in a workers’ compensation claim.
Third Party Claims
Outside of workers’ compensation employees are entitled to file a third-party claim. Third-Party claims are essentially suing a responsible party. Workers compensation is designed to keep employees from suing their employers because workers’ compensation takes care to the employees needs and because the employer should already be trying to keep the workplace safe.
One type of third-party claim is defective products, also known as a product liability lawsuit. Defective product law suits can be filed if the product being used is in some way defective or harmful to employees. Employers aware of the defectiveness of a product have responsibly to have the product replaced or have the defective piece replaced/r...
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...s appropriately covered under workers’ compensation.
The workplace can be a dangerous place. Emplyers should ge the distance to ensure employee safety. In the case of John Schmidt, the company shop manager should be more involved in day to day operations. Harry Hiller should also speak out for the floor employees, after all an injured employee means that the floor team has to work that much harder.
For John Schmidt his primary concern should be seeking immediate medical attention. John should also consider a third-party claim for a faulty product. John should consider prior to filing a third party claim if he has the time to wait for the money, he also maybe liable for his own medical bills while waiting on the third-party money. In summation, all employees should be educated on how workers’ compensation works as well as how third-party claims work.
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