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Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of ...
If a workers' compensation claim is denied, for example because an employer or employee fail to follow proper procedures when reporting the injury or if the insurance company does not believe the claim, the injured worker may appeal the denial.
In order for such a duty to exist, the injury to the claimant must be "reasonably foreseeable", [4] meaning, for example, that the type of employment must be one in which an unfit employee could cause harm of the type which occurred, [3] and the claimant is the type of person to whom such harm would be a "reasonably foreseeable consequence". [5]
Likewise, a hostile work environment can be considered the "adverse employment action" that is an element of a whistleblower claim or a reprisal (retaliation) claim under a civil rights statute. When an employee claims that a hostile work environment is an adverse employment action, the legal analysis is similar to the burdens of proof ...
For example, whistleblower laws may protect an employee who reports a legal or safety violation by the employer to an appropriate oversight agency. Most states prohibit employers from firing employees in retaliation for filing a workers' compensation claim, or making a wage complaint over unpaid wages.
In 2007, 5,488 workers died from job injuries, 92% of which were men, [11] and 49,000 died from work-related injuries. [12] NIOSH estimates that 4 million workers in the U.S. in 2007 sustained non-fatal work related injuries or illnesses. [13] Within the U. S. construction industry, the most common work-related fatal injury occurs from worksite ...
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