Workers compensation laws have been enacted in all 50 states. These laws provide compensation to employees as a result of job related injuries and illnesses. The amount of compensation is determined by law and generally is based upon the nature and extent of the employee's disability. In exchange for such benefits, employees give up the right to sue an employer directly. Fault is irrelevant under workers compensation laws. As one court has observed, "workmen's compensation, like the gentle rain from heaven, falls on the just and unjust alike."[4] Thomas v. Certified Refrigerators, Inc., 221 N.W.2d 378 (Mich. 1974). The only inquiries are (1) did an employment relationship exist; (2) did the injury occur during the course of employment; and (3) what were the nature and extent of the injuries?
Workers compensation laws are founded on the premise that job related injuries and illnesses are ...
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