For someone without a legal background, understanding laws and regulations in employment isn’t easy.
Employment law extends beyond fair treatment for every worker. It has several branches that focus on specific aspects of employment relationships.
One such branch is workers’ compensation law, which addresses the aftermath of workplace injuries and illnesses.
In the workplace an employer, perhaps unintentionally, can breach state or federal regulation and violate the fundamental rights of an employee.
According to employment lawyer Marcelo A. Dieguez, people who experience workplace injury or adverse mistreatment from their employers should be aware of their rights in terms of seeking accountability for their employers’ actions.
Whether or not you are a victim of unfair treatment, you need to know your rights so that you can protect yourself and your future. Let’s take a look at employment law and workers’ compensation law:
Article Contents
Overview Of Employment Law
In order to understand employment law, you need to have a clear overview of its key principles and regulations.
Employment law governs how the relationship between employers and employees interact while making sure that both parties are protected and their rights are upheld.
It encompasses a wide range of issues, including hiring and firing practices, wages and benefits, workplace safety, and discrimination.
One fundamental principle of employment law is the concept of at-will employment. This means that, in the absence of a contract, either the employer or the employee can terminate the employment relationship at any time, for any reason, as long as it isn’t discriminatory or in violation of public policy.
Exceptions to this rule exist such as when an employee is protected by a collective bargaining agreement or if there’s a specific employment contract in place.
Employment law also addresses the issue of workplace discrimination. It prohibits employers from discriminating against employees or job applicants based on protected characteristics such as race, gender, religion, disability, or age.
It also requires employers to provide reasonable accommodations for employees with disabilities.
Not only that, employment law sets standards for minimum wage, overtime pay, and working hours for employees to be paid fairly for their work and that they aren’t exploited by their employers.
It also establishes regulations for workplace safety, requiring employers to provide a safe and healthy work environment.
Overview of Workers’ Compensation Law
Workers’ Compensation Law provides protection and compensation for employees who suffer work-related injuries or illnesses.
It operates as a no-fault system, meaning that employees are entitled to benefits regardless of who’s responsible for the accident or illness.
Workers’ Compensation Law is designed for workers to receive proper medical treatment, disability benefits, and financial support if they’re unable to work due to their injuries or illnesses.
Workers’ compensation benefits typically include payment for medical expenses, such as hospital bills and doctor’s visits, as well as reimbursement for lost wages during the recovery period.
In the case of permanent disability, workers may also be entitled to long-term benefits or vocational rehabilitation services to help them return to work or find new employment.
Under workers’ compensation law, employers are required to carry insurance or self-insure to cover the costs of workplace injuries or illnesses.
When an employee gets injured or falls ill at work, they must report the incident to their employer.
The employer will then file a claim with the workers’ compensation insurance carrier, which will determine the employee’s eligibility for benefits.
Key Differences Between Employment Law and Workers’ Compensation Law
While employment law focuses on the relationship between employers and employees, workers’ compensation law specifically deals with injuries and illnesses that occur in the workplace. The key difference between them is the purpose they serve.
As mentioned, employment law sets out the rights and obligations of both employers and employees, covering areas such as hiring, firing, discrimination, and harassment.
On the other hand, workers’ compensation law is designed to provide benefits and financial assistance to employees who are injured or become ill while performing their job duties.
Another important distinction is the burden of proof. In employment law cases, the burden of proof usually falls on the employee, who must demonstrate that their employer violated a specific law or regulation.
While for workers’ compensation cases, the burden of proof is generally lower. The injured employee only needs to show that their injury or illness arose out of and in the course of their employment.
The remedies available under employment law and workers’ compensation law also differ. I
n employment law, remedies may include reinstatement, back pay, or compensation for emotional distress.
In contrast, workers’ compensation law provides benefits such as medical treatment, disability payments, and vocational rehabilitation.
How Employment Law Protects Employees’ Rights
The framework employment law establishes is designed for fair treatment, equal opportunities, and safe working conditions for all employees.
Here are some examples on how employment law protect employees’ rights:
- Prohibiting Discrimination: It ensures that employees aren’t discriminated against based on their race, color, religion, sex, national origin, disability, or age in the workplace.
- Rights to Fair Wages and Hours: It establishes minimum wage requirements, overtime pay, and rules for breaks and meal periods.
- Rights to a safe and healthy work environment: It requires employers to comply with occupational safety and health standards and provide employees with necessary training and protective equipment.
- Rights to Privacy And Freedom of Expression: It prohibits employers from invading employees’ privacy, such as by monitoring personal phone calls or emails, and it protects employees’ rights to express their opinions and engage in lawful activities outside of work.
How Workers’ Compensation Law Provides Benefits for Workplace Injuries
Designed to provide benefits to help you recover and protect your financial stability, workers’ compensation is a form of insurance that employers are required to have in order to provide compensation for their employees.
The benefits provided by workers’ compensation can include medical treatment, disability payments, and vocational rehabilitation.
A main benefit of workers’ compensation is that it covers the cost of medical treatment related to your work-related injury.
This means that you won’t have to worry about paying for doctor’s visits, hospital stays, or any necessary surgeries or medications out of your own pocket.
Workers’ compensation also provides disability payments to replace a portion of your lost wages while you’re unable to work due to your injury.
These payments can help you maintain your financial stability and cover your living expenses while you recover.
Aside from medical treatment and disability payments, workers’ compensation may also provide vocational rehabilitation services.
These services can include job training, career counseling, and assistance with finding new employment if you’re unable to return to your previous job due to your injury.
Vocational rehabilitation can help you get back on your feet and find new opportunities for employment.
Conclusion
While employment law and workers’ compensation law are related to the workplace, they aren’t the same.
Knowing the differences between these two areas of law is important for both employers and employees.
