Fascinating news article from South Korea illustrates the differences between workers compensation systems around the globe and in Michigan.
The Korea Times reports on a case involving job inheritance at Hyundai Motor after a workplace death. Apparently, a collective bargaining agreement has a provision that promises to hire a family member of an employee who dies in an industrial accident.
Family members of a deceased worker demanded that Hyundai Motor hire one of the children in accordance with the collective bargaining agreement. The company refused and the matter went to court.
The South Korean court rejected the succession of employment clause saying that the practice is not acceptable. The clause intrudes on the intrinsic right of employers to choose personnel.
Most industrialized nations provide some type of workers compensation if an employee suffers an injury at work. These systems are generally designed to pay limited benefits regardless of who was at fault.
In the United States, each state makes its own rules and regulations. The majority of these systems provide wage loss and medical treatment to employees who are hurt at work.
Michigan adopted its first workers compensation law in 1912. It was a compromise between employee and employer interests. Employees gave up the right to sue for pain and suffering in exchange for what are essentially no-fault benefits.
Michigan pays wage loss benefits to employees who cannot work because of injury. The amount is approximately 80% of the employee’s after-tax average weekly wage. Reasonable and necessary medical treatment must be also paid.
If an industrial accident results in a death, 500 weeks of wage loss benefits will be paid to any qualifying dependents. Michigan workers compensation law does not provide for “job inheritance” under any circumstances.
An employee who is a resident of Michigan at the time of injury is covered. An employee may also qualify if the contract of hire was in the state.
Understand your legal rights
It is important that you contact an experienced workers compensation lawyer if you are hurt on-the-job. Knowing your legal rights could be the difference between a good recovery and a disaster.
To speak with one of our workers compensation lawyers in Michigan, call (855) 221-2667 for a free telephone consultation. Our goal is to help you get the best recovery possible.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.
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