Workers Compensation is a misnomer. It only pays a percentage of the earnings of the injured worker. To clarify, Workers Compensation is benefit paid to an employee who has suffered an injury from a workplace accident. In most cases, the employee must be fault free to receive the compensation. Meaning the injury could not have stemmed from careless or reckless behavior. The money is drawn from an account created by the employer through a premium paid to an insurance company. It is the insurance company who administers the funds and all the qualifications.

My state is one of the more generous states in terms of social services. We also have a reputation for requiring strict adherence to workplace safety. The state office mandated to enforce workplace safety can, and does, preform onsite spot checks at a variety industries throughout the state.

But none of this is first about the worker. The current policies surrounding workers safety and compensation are unrelated. While a business is required to spend however much it takes to keep the workplace safe, they have no say in the compensation a worker who has been injured on the job receives. Nor can they influence where or what medical care is provided to the employee.

If Workers Compensation were an equitable system, keeping an employer out of the decision making process would be a good thing. If the state or the insurance company were tasked with being protecting the worker then Workers Compensation would be fair. But they are not tasked with that.

Everything about workers comp is geared to avoid a lawsuit. The financial compensation is just enough to live, but not truly comparable to a standard paycheck. Even in my generous state, I was forced to use PTO to supplement my income after the devastating injury I suffered at work. I was off work for nearly a year recovering. Every month I had to request “Time off” funds so that I could pay bills.

I was regularly seen by a doctor who rubber stamped my medical records. Once I was given the go ahead to begin to rebuild strength and muscle, no other exam was performed. I was dedicated to trying to recover as much of my former abilities as possible. Unfortunately, the doctor wasn’t committed to anything but showing up for the day, then going home to whatever she went home to. Because of her lack of commitment to her chosen profession, I must face the possible that my body has missed to opportunity to fully recover. I may be forced to accept that where I am is where I am going to be.

There is no just compensation for that.