Chapter 24 Employment-Related injuries Flashcards
OSHA Act 1970
Involved the federal government directly in the preventing of workplace injuries, designed to achieve safety in the workplace
General Duty Clause
Requires that employers provide a workplace free from hazards likely to cause serious harm or death, OSHA can fine or shut a company down, dept. of labor enforces OSHA rules
Common Law Defenses
Employee had assumed the risk involved, employee was negligent,
Assumption of Risk
Occurs when a person is aware of the danger, but voluntarily remains in the dangerous situation
Co-Worker Negligence
A co worker is the cause of injury if the employer could prove the co worker caused injury, employer would not be liable
The Compromise of Workers’ Compensation
- was created as a substitute for negligence suits
- employer must obtain insurance to pay benefits to injured employees
- amount paid for workers’ compensation is related to the company’s safety records
Workers’ Compensation Statues
-insurance pays even when the employer is not a cause of the injury
Recovering in Lieu of Workers’ Compensation
-general rule is that if employer has workers’ compensation, the employee cannot sue, however the following are exceptions to the rule
If the employer fails to provide Workers’ Compensation Insurance
- if the state requires workers’ compensation, employee can sue for negligence
- employer may not use “common-law defenses” to win
If employee coverage is not required
-employer may use “common law defenses”
If the injury is not covered by Workers’ Compensation
If the employer may assert the defense of contributory negligence or assumption of risk
Employer commits an Intentional Tort
- most often occurs when the conduct I’d the employer is criminal do intentional safety violations
- in some statues, even when covered by workers’ compensation, an employee may sue the employer for intentional actions that the employer knows will cause injury
Determination of Which Employees are Covered
Workers compensation generally covers the following:
- injuries resulting from accidents
- disease
- job relates stress
- risk of their employment
Occupational Safety and Health Administration
The rules and regulations apply to firms with 11 or more employees that are engaged in interstate commerce
Risks of Employment
Risks associated w/ the job that result in injury (covered by workers comp.)