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Originally Posted by Electrician4you
I hope that family sues the absolute life out of that company.
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Well, they can't.
This is an excellent time to discuss worker's compensation and its shortcomings. When it comes to on-the-job injuries all fifty states have replaced the tort system with a workers compensation system. Here's how it works:
1. An injured employee need not prove that his employer was negligent or careless to recover damages.
2. It is sufficient to simply prove that you were injured while on the job in the course and scope of your employment.
3. Lawsuits against the employer are barred by law.
4. The damages that an employee may collect are limited to: medical expense; a percentage of lost wages; and generally a low lump sum award for permanent impairment as determined by a physician (if there is any)
5. An employee may not collect compensation for physical or mental pain and suffering caused by an on-the-job injury.
6. In case of wrongful death, the employees family is entitled to a lump sum award determined by a mathematical formula. The awards tend to be much less than would be awarded in a successful lawsuit for negligence.
7. Attorney fees are quite limited in workers comp cases in many states. I suppose the advantage is that it leaves more money to compensate injured workers. The disadvantage is that many workers cannot hire someone to represent them and competently advise them.
Workers compensation came into existence because it was hard for an injured employee to prove his employer was negligent in many cases. Employers did not want to have to deal with the court system every time an employee was injured on the job. The court system is not fast at resolving injury and wrongful death claims. So, legislatures created the workers compensation system as a compromise.
One shortcoming of workers compensation is that it doesn't place enough of a financial penalty on employers who truly run a dangerous workplace. They are able to simply purchase workers comp insurance and keep running their business in the same slipshod way they did before.
And that is how the system works when an employee is killed or injured on-the-job.