| The concept behind modern workers' | | | | prove that the worker understood and assumed |
| compensation laws, that employers should provide | | | | the risks involved in the job, and the worker was |
| for their employees in the event of injury, can be | | | | injured as a result of these dangers, the worker |
| traced as far back as ancient Babylon where both | | | | recovered nothing. |
| employers and slave masters were required by | | | | California's workers' compensation laws were first |
| law to pay for their workers' medical care in the | | | | developed in the early 1900's and were codified |
| event of illness or injury. | | | | by the Boynton Act of 1913. Although there have |
| The modern concept of workers' compensation | | | | been many amendments and reforms to these |
| developed during the Industrial Revolution in | | | | laws over the years, the basic principles have |
| Europe in the 19th century. The concept crossed | | | | remained the same - that California workers are |
| the Atlantic, and today, every State and territory | | | | entitled to medical treatment and compensation |
| has such laws in place, including the Federal | | | | payments for industrial injuries. |
| government. | | | | Today, California's workers' compensation system |
| Before the enactment of California's workers' | | | | is a "no-fault" system of recovery. Instead of |
| compensation laws, injured workers were required | | | | having the burden of proving the fault of your |
| to file common civil law suits against their | | | | employer in causing your injury, now you simply |
| employers in order to recover damages to pay | | | | have to show that your injury arose out of and |
| for economic losses and medical treatment. | | | | occurred during the course of your employment |
| Injured workers had the burden of proving their | | | | in order to present a legitimate claim. In turn, your |
| employer's fault, and employers were allowed to | | | | employer can no longer assert the defenses of |
| raise normal civil defenses such as contributory | | | | contributory negligence, assumption of risk, or the |
| negligence of the worker, assumption of risk by | | | | fellow-servant doctrine. |
| the worker, and fellow-servant causation. | | | | DISCLAIMER: Please keep in mind that this article |
| If the worker failed to prove that the employer | | | | is intended for informational purposes only and |
| caused the injury, the worker recovered nothing. | | | | does not constitute legal advice. You are |
| If the employer could prove that the worker's | | | | expressly advised to seek legal counsel if you |
| own negligence or that the actions of a fellow | | | | have questions about your particular workers' |
| employee caused the injury, the worker | | | | compensation claim. |
| recovered nothing. Or, if the employer could | | | | |