Re: Compensation of survivors

[Paul Lavely <lavelyp@UCLINK4.BERKELEY.EDU>]

Title: Re: Compensation of survivors

> Workmen's Comp, incidentally, is a really sneaky
>
> way for employers

> to avoid being sued -- you forfeit the right to sue
>
> if you claim Workmen's
>
> Comp.
>
>
>
> Ruth Weiner,
>
> Ph. D.
>
> ruthweiner@aol.com

There is nothing sneaky about Worker's Comp. It was an agreement that both sides entered into that limits the worker's ability to sue for a workplace injury AND that essentially eliminated the employer's ability to refuse a claim. The major exception (at least in California) has been mental stress. I have been involved in several of these law suits and no one "won."

Additionally, it is not that you lose the right to sue if you claim workman's compensation - if you are worker with a job related injury your potential remedy is usually exclusively worker's comp and you are never given the opportunity to sue. Worker's comp was specifically designed to make it a non (or less) adversarial system (as compared to the courts or arbitration).

I am personally aware of a small restaurant (33 employees) that was forced into bankruptcy by TWO simultaneous worker's comp claims.

Worker's comp is often a very bad deal for both sides.

Note that there is a very significant difference between the Comp program for Federal workers and non-federal.

Paul Lavely <lavelyp@uclink4.berkeley.edu>