Workers Compensation New Brunswick – A Brief History

by | Dec 8, 2012 | Law & Legal Services

The first workers compensation law in America was drawn up in 1855, considering the trouble and suffering that the employees went through when they were injured during the course of work. Alabama and Georgia were the two first states to implement this insurance under the Employer Liability Act. In the next fifty years, another twenty six states accepted the need for compensation and implemented the laws. However, when compared to the current laws, the initial regulations were very simple. Workers were only given the right to sue their employers. The catch was that compensation was offered only if the workers could prove that the employer was responsible for the injury, either directly or indirectly.

When compared to the law in those early days, workers compensation in New Brunswick and other parts of the country are more complicated now. According to the present regulations, an employee can claim compensation if he is injured during his course of work, even if the injury is caused because of his own negligence. In other words, the employee does not have to prove the employer’s fault in order to obtain compensation.

A more comprehensive compensation law was passed in the United States in 1902, in Maryland. Federal employees were brought under this cover in 1906. By 1950, all states in the United States had some provision that compensated workers when they were injured during the course of work. However, a number of states offered compensation only for male workers and women workers were exempted from cover. This gender bias was corrected over the next decades.

In the early 1900s, workers compensation was not compulsory, but was voluntary. The argument was that making the law compulsory could violate the constitutional rights of the employer. In the second decade of the 19th century, the state ruled that workers compensation would not be a violation of an employer’s rights and subsequently, the laws were reformed, making the compensation law compulsory.

Today, employers in every state in the United States except Texas need to sign up for workers compensation insurance. Employers who do not sign up for it have to bear penalties. In Texas, employers can refuse to buy this insurance cover. However, in case employees are injured, they will have to pay for compensation out of their own pockets. The employee must prove the employer’s fault. If the case is settled in favor of the employee, the employer might have to pay much more when compared to the money offered under the compensation law.

In the recent times, workers compensation insurance law in New Brunswick has undergone a lot of changes. Essentially, the law is meant for the protection of the employee and so, he or she has a higher chance of obtaining rightful compensation when injured. If you suffer such injuries, you must hire a lawyer who is experienced in this field and can get you the maximum compensatory amount.

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