Discussion Question 1
Please answer the following in connection with unemployment compensation and worker’s compensation:
a. Evaluate: Everyone who loses his or her job is entitled to unemployment compensation.
b. Analyze: It is important to know whether one is an employee or an independent contractor in case the person is injured at work.
c. Evaluate this statement: Workers’ compensation legislation considers fault.
d. Explain why someone might think this statement is true: The worker’s compensation system is not always beneficial to workers.
ANSWER
Worker’s Compensation
Not everyone who loses his or her job is entitled to unemployment compensation as some people who decide to quit their jobs are strategically ineligible for unemployment compensation unless it was regarded as a ‘good cause’. A majority of states outlines good cause as a situation that would have led to harm or injury if the worker did not quit. Therefore, former workers might be entitled to unemployment compensation depending on the situation under which they were terminated. On the other hand, it is significant to acknowledge a worker or an independent contractor in case one is injured within the premises. In many occasions, when an independent contractor or a person working for a contractor is harmed within the business, it is not always clear who is legally responsible. An exception is only when the business’s management gross negligence has led to the injury. The management must make it clear to the contractor if there is any real harm that could affect the person.
Employee’s compensation can be described as a system of compensation that allows workers who are injured to work and acquire payment for the lost wages, career rehabilitation, and medical costs minus regard to their negligence or fault (Araujo, 2020). In exchange for the no-fault mechanism, that implies it does not account for any employees personal carelessness or fault, workers give up their freedom to sue their executives directly for the damages and negligence. Some people are forced to believe that an employee’s compensation system is not always advantageous to workers as these compensations might affect other benefit schemes in which an individual is enrolled or uses. There are also numerous processes that one has to fulfill to be eligible for workers compensation benefits that are, in turn, tiresome.
Reference
Araujo, M. (2020). How Worker’s Compensation Insurance Works. Retrieved from https://www.thebalance.com/about-worker-s-compensation-insurance-2645596
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