Chapter 24 Employment-Related injuries Flashcards

1
Q

OSHA Act 1970

A

Involved the federal government directly in the preventing of workplace injuries, designed to achieve safety in the workplace

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2
Q

General Duty Clause

A

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

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3
Q

Common Law Defenses

A

Employee had assumed the risk involved, employee was negligent,

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4
Q

Assumption of Risk

A

Occurs when a person is aware of the danger, but voluntarily remains in the dangerous situation

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5
Q

Co-Worker Negligence

A

A co worker is the cause of injury if the employer could prove the co worker caused injury, employer would not be liable

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6
Q

The Compromise of Workers’ Compensation

A
  • 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
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7
Q

Workers’ Compensation Statues

A

-insurance pays even when the employer is not a cause of the injury

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8
Q

Recovering in Lieu of Workers’ Compensation

A

-general rule is that if employer has workers’ compensation, the employee cannot sue, however the following are exceptions to the rule

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9
Q

If the employer fails to provide Workers’ Compensation Insurance

A
  • if the state requires workers’ compensation, employee can sue for negligence
  • employer may not use “common-law defenses” to win
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10
Q

If employee coverage is not required

A

-employer may use “common law defenses”

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11
Q

If the injury is not covered by Workers’ Compensation

A

If the employer may assert the defense of contributory negligence or assumption of risk

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12
Q

Employer commits an Intentional Tort

A
  • 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
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13
Q

Determination of Which Employees are Covered

A

Workers compensation generally covers the following:

  • injuries resulting from accidents
  • disease
  • job relates stress
  • risk of their employment
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14
Q

Occupational Safety and Health Administration

A

The rules and regulations apply to firms with 11 or more employees that are engaged in interstate commerce

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15
Q

Risks of Employment

A

Risks associated w/ the job that result in injury (covered by workers comp.)

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16
Q

Scope of Employment

A

Generally means acting for the benefit of the employer when the injury happened

17
Q

Excluded Employees

A

Not everyone is required to be covered by workers comp., ex. Included companies with too few employees, casual workers, independent contractors, and those covered by other systems

18
Q

Casual Workers

A

Workers who do not work regularly for one employer

19
Q

Independent Contractors

A

Someone hired to complete a task, but not supervised whole doing the job

20
Q

Award Hearing

A

Decision about whether a person will receive benefits is made a hearing and conducting by a state admin agency