Posted: June 27th, 2015

Business with emphasis in Human Resource

1-What are the objectives of worker’s compensation laws

Workers compensation laws are laws for workers, and they are implemented by the government to prevent any form of ill treatment by the employing bodies. These laws aim to achieve protection of employees. These laws do not cover military officers. The laws entail insurance programs that are meant to offer compensation to employees if injured in the course of their duty. The laws also cover cases whereby the employee dies in line of duty (Chaikind, 2004).

There are various objectives of these laws. This includes the need to provide direct medical and rehabilitation benefits to workers who are injured or suffer illnesses attributable to the nature of their job. Secondly, the employee is assured of immediate medical attention once he or she is injured. Thirdly, the employer-employee interest in the work place is promoted. Fourth, the laws provide a single remedy that reduces the amount of court litigation where cases of personal injury are handled before they are taken to court. This minimizes the fees that lawyers are paid to handle employee compensation related issues. It further enhances in-depth investigation on causes of accidents and solutions to reduce accidents (Bennett-Alexander & Hartman, 2007).

Workers compensation laws create a situation whereby the employer has various obligations that must be observed. The employer is supposed to contract insurance cover for the employees. Failure to observe the said obligation leads to penalties. The penalties include fines, criminal prosecution, and personal liability to the employer when an employee is injured (Chaikind, 2004).

Claims under workers compensation are processed by the employer. The employer under workers compensation has a duty to observe confidentiality of the reports that he or she handles. The processing of personal injuries by the employee requires offering confidential details to the employer, and this is not supposed to be exposed to third parties. This confidentiality can be enhanced by ensuring that all claim processing documents are in safe custody (Chaikind, 2004).

2-What are the components of the Health Insurance Portability and Accountability Act (HIPAA) of 1996?

The HIPAA of 1996 has various components. This includes a set standard of electronic transmission that enhances free transactions of both administrative and financial nature. In addition, health care identifiers for employers are also incorporated in the health care plans. Lastly, the Act entails privacy and security standards geared towards providing confidentiality and integrity of health information that reaches the hands of employers. There are mandatory requirements set out in contracts that are mainly meant to protect the privacy of employees. The mentioned regulations are implemented by government agencies.

The penalties imposed on employers for non compliance are extremely hefty for employers under the Health Insurance Portability and Accountability Act of 1996. The legislation imposes heavy, civil and criminal regulations for any form of non compliance. The United States Department of Justice enhances the implementation of the said penalties. The said Act tends to protect the employee more than the employer, and the legislations are silent on the employer’s rights (Bennett-Alexander & Hartman, 2007).

3-What legal considerations must be made as you design your employee testing policies

In designing employees testing policies, there are many legal requirements that are supposed to be observed. The general information that covers wages, discrimination, and the termination of employment is very essential to understand. This requires a clear knowledge of what an employee in such a situation is supposed to do and what he or she should not do. The legal issues related to hiring contracts and importantly, workers compensation laws. The time that an employee should work and regulations are based on the information of the employee in a situation whereby compensation claims are made. Maintaining of integrity when dealing with such information is emphasized, and the laws governing such conduct should be considered (Chaikind, 2004).

References

Bennett-Alexander, D.D., & Hartman, L.P. (2007). Employment law for business (5th       ed.). Boston, MA: McGraw-Hill.

Chaikind, H.R. (2004). The Health Insurance Portability and Accountability Act      (HIPAA): Overview and analyses. New York: Novinka Books.