Dec, 2017

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posted in Wilka, Welter & Ash LLP Law Blog.

What Exactly Is Worker’s Compensation?

What Exactly Is Worker’s Compensation?

When it comes to worker’s compensation, it’s important to act fast and understand one’s rights. What is worker’s compensation though? Worker’s compensation is a type of insurance that helps provide medical benefits and wage initiatives to employees who are injured on the job. This insurance is granted to the injured worker as a sort of tradeoff for the worker’s right to sue the company for something called “tort of negligence.” In many cases, this trade off or “compensation bargain” came about as a result of some employers who were not playing fairly, and who were not providing full compensation to their injured employees.

Some employers would claim that the damage rewards some employees would reap were too high, and effected costs, time, and production. A system was created to insure that each and every worker is cared for and provided with the best security and assistance they need. This system is dubbed “collective liability.”


Negligence comes in many shapes and forms. Often times, when hearing about negligence in personal injury law, one might hear the terms negligence, gross negligence, intentional misconduct, or reckless misconduct. Negligence basically revolves around a situation whereby an accident occurs and somebody becomes a victim of somebody else’s negligent behavior. It could be on the roads, at school, at work, at the shopping center; the act of negligence could occur anywhere. Nobody can predict an act of negligence, and often times it can be hard to persuade the court as to who was at fault. Thankfully, a personal injury lawyer, or a workers compensation attorney in Sioux Falls could be there to help.

Disability And insurance

When it comes to providing provisions for those who have fallen prey to workplace injury, there are many possible courses that may manifest. Weekly payments could be made as a tradeoff for actual wages; acting as a kind of disability insurance. Provisions can also be made in the form of reimbursement or the payment of medical expenses; a health insurance of sorts. In some horrific cases, benefits can be paid to those dependents of workers killed on the job, which functions as a life insurance of sorts.

Disability should not be debilitating, but sometimes the result of a horrific workplace accident renders a worker disabled, requiring legal aid indefinitely.

Workplace Injury Prevention

Due to the countless instances of workplace injury, and the long history of worker’s compensation cases, employers and companies have taken it upon themselves to better educate their workers. This education comes in the form of providing lessons and seminars on safety and prevention, providing safe working environments, safe tools, and the right kind of training.