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09Ch05workers' Compensation-CH 5

09Ch05workers' Compensation-CH 5 - CEE 698 Construction...

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1 Chapter 5 CHAPTER 5 – WORKERS’ COMPENSATION CEE 698 – Construction Health and Safety
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2 Chapter 5 Overview of Workers’ Compensation The concept of workers’ compensation developed as a way to allow injured employees to be compensated without having to take their employer to court. Two aspects: Fairness to injured employees, especially those without the resources to undertake lengthy and expensive legal actions. Reduction of costs associated with workplace injuries. CEE 698 – Construction Health and Safety
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3 Chapter 5 Overview of Workers’ Compensation Since its inception as a concept, workers’ compensation has evolved into a system that pays out approximately $27 billion in benefits and medical costs annually. Some of the highest workers’ compensation insurance rates are in construction fields (e.g., roofers) Compromise between the needs of employees and the needs of employers. CEE 698 – Construction Health and Safety
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4 Chapter 5 Overview of Workers’ Compensation Workers’ compensation laws vary from state to state. In fact there are extreme variations. Workers’ Compensation has several widely accepted objectives: Replacement of income for injured employees Current and future income at a level of two-thirds (in most states) Rehabilitation of the injured employee Medical care at no cost, vocational training or retraining Prevention of accidents Employers invest in accident prevention programs, lower premiums Cost allocation Spread cost of workers’ compensation appropriately and proportionately CEE 698 – Construction Health and Safety
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5 Chapter 5 Who is Covered? CEE 698 – Construction Health and Safety Workers’ compensation laws written at state level Much variation in laws by state Workers’ compensation laws are constantly being amended, revised and rewritten. Contractors/subcontractors are not covered. They perform a job or service for an agreed amount of money in a nondirected, nonsupervised format Therefore are viewed as being self employed Approximately 80% employees in US are covered
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6 Chapter 5 Historical Perspective Before workers’ compensation laws were enacted, injured employees had no way to obtain compensation for their injuries except to take their employer to the court. Proving that an injury was the result of employer negligence in the form of unsafe conditions was too costly, too difficult, and too time consuming Injured employees who hoped to return to work after recovering were often afraid to file suit because they feared retribution by CEE 698 – Construction Health and Safety
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7 Chapter 5 Historical Perspective Laws at that time made it easy for employers to defend themselves.
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  • Spring '09
  • Dabdoub
  • Occupational safety and health, Workers' compensation, Construction Health and Safety, Construction Health

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