Workers' Compensation Law

The History of Workers' Compensation in the USA

The workers' compensation law in the USA was developed during the nineteenth century due to the industrial age and the increasing numbers of the industrial injuries cases. Before the development of the laws, the workers that sustained injuries on duty always found themselves with no remedy against the employer or even fellow employees. Towards the end of the nineteenth century, the state lawmakers acknowledged the problem and started the studying the system of compensation that was developed in Germany in the year 1884. The Germany system of compensation was largely rooted in the socialism tradition hence it directed that the employees and employers to share the cost of paying the benefits to the employees that were disabled by accident, sickness and old age. In 1910, the various state commissions' representatives met at a given conference in Chicago and the compensation law for the uniform workers was developed. Although it was not overwhelmingly adopted, the law became the blueprint for the compensation statutes of the state workers. Only eight states had already approved the compensation law for workers by 1920. Hawaii was the last state to adopt the law in 1963.

Two Concepts Underlying Compensation Rationale

The worker's concept of compensation was developed which allows the injured workers to be compensated adequately without having to sue the employer. The two aspects of the underlying rationale for the compensation of workers include the justice to the employee who has sustained injuries and do not have resources should be free from the court actions that are expensive and take too long. The second concept stipulates that the moral and legal costs or expenses should be reduced to a worker that is allied with the accidents at the workplace. The concepts are instrumental in assisting the injured employees by ensuring the minimization of the personal losses and the lack of the ability to work in the given work field.

Whistleblowing

Whistleblowing is the act of drawing the attention of the public or the authorities regarding perceived wrongdoing, unethical or misconduct activity that is happening or happened within private, third-sector or public organizations. Fraud, corruption, safety and health violation, discrimination, cover-ups, and bullying are the most common activities that are reported by the whistleblowers.

Problems Whistleblowers Face

The employees face many problems because of their whistleblowing acts. Whistleblowing may eventually lead to job loss. Some states that do not have strong whistleblowing protection laws may lead to the employee's services being terminated by the application of any other legal reason. The worker may not possess a legal recourse that is strong if there are no laws that protect the whistleblowing act. The whistleblower may also face the challenge of employer retaliation subjecting them to hostile working conditions, demotions and scheduling upsets. The individual may face resentment and hostility from the superiors and peers as he or she may be treated as a snitch. There may also be trust challenges in the workplace due to the broken trust relationship from the employer that may create tension and an ineffective working relationship.

Threats and Challenges Faced by Whistleblowers

The whistleblowers additionally may face life, family, and property threats from the interested people especially when the given act has exposed the systemic wrongdoing that may jeopardize the whole institution or company. An example is the situation of Edward Snowden after he revealed the spying activities of NSA. They may also be subjected to social condemnations from every corner until the given act is eventually proven and may build up to social boycott. The social boycotts may render the whistleblower lonely as he or she may be left with no friends. The social boycotts may lead to the person experiencing some psychological problems such as stress that may have an impact on his or her mental health. The whistleblower may also be subjected to excessive media coverage regarding their private and professional life that may be disgusting and unbearable. The information released by the media may sometimes be false thus subjecting the whistleblower further to some mental torture.

Consequences Faced by Whistleblowers

In some cases, the whistleblowers may seek exile from the nation like the case of Snowden or may even be incarcerated in another given country like the case of Julian Assange. The person may also face industry blacklisting. Sometimes if you are a known whistleblower, then other organizations that might not even have something to hide may be reluctant to offer you a job. It may be necessary for one to quit the entire profession, as you will not get a job related to it. The employee may also face charges of professional violations as sometimes being a whistleblower may lead to the breach of a professional obligation or contract. In this situation, the whistleblower is subjected to additional penalties like civil suits for the violation of confidences and agreements.

My Commitment as a Whistleblower

I will report the violation of the ethical or legal standards carried out by another employee or the employer to the relevant authorities as it is my professional obligation to create awareness of any breach of the code of conduct stipulated and uphold honesty and integrity in my entire professional work. Although I will be regarded as a whistleblower, I will not be discouraged by the challenges that may face because of my actions.