Workers Compensation Rules

Originally, Workers Compensation laws were created to assist the worker whose job literally wore them out or injured them. The idea arose after the industrial revolution. Our government decided that it was fundamentally unfair for workers to be cast aside with no hope of income or medical treatment after they have been injured. The idea was sound and in large part the plan worked well.

There certainly were cases where fraud occurred. Many times workers came to work on Monday with an injury that appeared to have occurred at home over the weekend. Then the worker would fake an accident so that the injury created at home was compensable under Workers Compensation laws. Often, workers got injured on the job while functionally intoxicated or while using drugs.

After 2005, the Workers Compensation rules were tightened to make it more difficult to prove the injury occurred in the workplace and that the injury was from the job itself. Additionally, it is now a partial defense to a worker's claim if the worker had drugs or alcohol in their system.

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