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Workers' compensation known as workers' comp in North American provides insurance to cover 23638585medical care and compensation for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the workers compensation system is known as "the compensation bargain". While plans differ between jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance). General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in worker compensation plans.

These laws are usually a feature of highly developed industrial societies, implemented after long and hard-fought struggles by trade unions. Supporters of such schemes believe they improve working conditions and provide an economic safety net for employees. Conversely, these schemes are often criticized for removing or restricting workers' common-law rights in order to reduce governments' or insurance companies' financial liability.

Employees' compensation laws were first enacted in Europe and Oceania, with the United States following shortly thereafter.

It is also illegal to falsely claim workers' compensation benefits. Employers at times hire private investigators to videotape claimants surreptitiously. Some of the sub rosa videos have shown employees engaging in sports or other strenuous physical activities despite allegedly having suffered disability or injury. TV shows have recently been made using these videos [citation needed]. Such evidence may not be admissible in law courts if it has been found to be taken unlawfully.

 

Claimant

A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order.

In some jurisdictions the commencement of a lawsuit is done by filing a summons, claim form and/or a complaint - these documents are known as pleadings - that set forth the alleged wrongs committed subrosa2by the defendant or defendants with a demand for relief. In other jurisdictions the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant(s) according to the rules of civil procedure.

Not all lawsuits are plenary actions, involving a full trial on the merits of the case. There are also simplified procedures, often called proceedings, in which the parties are termed petitioner instead of plaintiff, and respondent instead of defendant. There are also cases that do not technically involve two sides, such as petitions for specific statutory relief that require judicial approval; in those cases there are no respondents, just a petitioner.  A plaintiff identified by name in a class action is called a named plaintiff.

The party to whom the complaint is against is the defendant; or in the case of a petition, a respondent. Case names are usually given with the plaintiff first, as in Plaintiff v. Defendant.