?Describe state workers' compensation laws. What claims do they cover? What procedures must be followed? What do they bar?
What will be an ideal response?
State workers' compensation laws establish an administrative procedure for compensating workers injured on the job. Instead of suing, an injured worker files a claim with theadministrative agency or board that administers the local workers' compensation claims.State workers' compensation statutes normally allow employers to purchase insurance from a private insurer or a state fund to pay workers' compensation benefits in the event of a claim. Most states also allow employers to be self-insured-that is, employers who show an ability to pay claims do not need to buy insurance.In general, the right to recover benefits is based wholly on the existence of an employment relationship and the fact that the injury was accidental and occurred on the job or in the course of employment, regardless of fault. Intentionally inflicted self-injury, in contrast,would not be accidental and hence would not be covered. If an injury occurred while an employee was commuting to or from work, it usually would not be considered to have occurred on the job or in the course of employment and hence would not be covered.The employee must notify the employer of the injury promptly (usually within 30 days of the injury's occurrence). Generally, the employee also must file a workers' compensation claim with the appropriate state agency or board within a certain period (sixty days to two years)from the time the injury is first noticed, rather than from the time of the accident.The existence of workers' compensation benefits bars the employee from suing for injuries caused by the employer's negligence. By barring lawsuits for negligence, workers'compensation laws also bar employers from raising common law defenses to negligence,such as contributory negligence. For example, an employer can no longer raise such defenses as contributory negligence or assumption of risk to avoid liability for negligence. A worker may sue an employer who intentionally injures the worker, but such cases are not common.
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