Workers' compensation (colloquially known
as
workers' comp in North American
English or
compo in Australian English)
provides insurance to cover medical care and
compensation for employees who are injured in
the course of employment, in exchange for
mandatory relinquishment of the employee's right
to sue their employer for the tort of
negligence. The tradeoff between assured,
limited coverage and lack of recourse outside
the worker compensation system is known as "the
compensation bargain". While schemes differ
between jurisdictions, provision can be made for
weekly payments in place of wages (functioning
in this case as a form of disability insurance),
compensation for economic loss (past and
future), reimbursement or payment of medical and
like expenses (functioning in this case as a
form of health insurance), and benefits payable
to the dependents of workers killed during
employment (functioning in this case as a form
of life insurance). General damages for pain and
suffering, and punitive damages for employer
negligence, are generally not available in
worker compensation plans. Cash benefits are
established by state formulas with maximum
benefit level. The benefits are administered on
a state level, primarily by the state department
of labor.
These laws are usually a feature of
highly developed industrial societies,
implemented after long and hard fought struggles
by trade unions. Supporters of such schemes
believe they improve working conditions and
provide an economic safety net for employees.
Conversely, these schemes are often criticised
for removing or restricting workers' common law
rights (such as suit in tort for negligence) in
order to reduce governments' or insurance
companies' financial liability.
Employees' compensation laws were first
enacted in Europe and Oceania, with the United
States following shortly thereafter. Workers'
compensation programs were a key component of
the labor structure of the former Soviet Union
and similar societies.