Chapter 25Employment - Related

Injuries

I. Requiring A Safe Workplace

A. Occupational Safety & Health Administration Act of 1970 (OSHA)-prevent injuries by safe workplaces.

a. Enacts safety regulations & inspections

b. Impose fines & can shut down plants

B. OSHA’s Responsibilities

1. Assure a Hazard-Free Workplace – provide workplace free from hazards likely to cause death or serious physical harm.

2. Develop & Enforce Specific Regulations – specific workplace safety regulations.

I. Requiring A Safe Workplace

3. Conduct Workplace Inspections - its general duty clause & specific regulations.

a. Employers deny OSHA, can obtain a search warrant

b. Employers file periodic safety reports

c. Employee anonymously report safety violations

d. Employers can not discriminate against workers who informed OSHA

I. Requiring A Safe Workplace

C. Dealing with OSHA Violations - usually involve technical engineers & safety issues, rather than legal issues. Resolved without a lawyer.

Violations serious because cost of compliance can push companies into bankruptcy.

Immediate legal help needed.

I. Negligence Law & Worker’s Compensation

A. Employee Negligence Suits:a. Employer negligence caused injury, bear financial loss associated with injury.b. Employer provide reasonably safe working conditions, sufficient number of workers, adequate safety instructions.c. Employees not suing because must hire an attorney or risk being fired.

I. Negligence Law and Worker’s Compensation

1. Difficulties for Employees in Negligence SuitsCommon-Law Defenses: Prevented employees from winning most negligence suits, only recourse until 1900’s.

1. Assumption of Risk – aware of danger, employee remains voluntarily.2. Contributory Negligence – employee

carelessness contributed to injury or death.3. Co-worker negligence – co-worker caused injury.

I. Negligence Law & Workers’ Compensation

B. Compromise Workers’ Compensation – most employers required to obtain insurance to pay benefits to injured employees.

1. Paid without regard to fault

2. Substitute for negligence suit

3. Employer’s rate related to safety record

C. Recovering in Lieu of Workers’ Compensation

1. If the employer fails to provide Workers’ Compensation Insurance - Has not purchased insurance or misclassified employee as casual worker or independent contractor.

2. If employee coverage is not required and is injured because of employer’s negligence.

C. Recovering in Lieu of Workers’ Compensation

3. If the injury is not covered by Worker’s CompensationEmployee is injured because of employer’s negligence but Worker’s Comp does not cover.

4. Employer commits an intentional tort – intentional action, safety violation that the employer knows will cause injury.

II. How Does the Worker’s Compensation System Work?

1. Scope of Employment – at time of injuryEx. Auto accident2. Risks of Employment – directly associated with the job Ex. Hernia, heart attack

3. Excluded Employees – 3 or fewer employees

II. How Does the Workers’ compensation System Work?

4. Workers for Co not Required to carry Workers’ Compensation Laws

a. Small companies with 3 or fewer employees

b. Large companies that are self insured LESS

OR

II. How does the Workers’ Compensation System Work?

5. Casual Workers

Housekeepers,

agriculture workers, etc.6. Independent Contractors – someone hired to do a task &

not supervised.Ex. Car transmission

7. Those Covered by Other SystemsEmployers of railroads, airlines, trucking firms, & other carriers governed by special federal laws.

II. How Does The Workers’ Compensation System Work?

B. Determinations of Benefitsa. Employees protected:

1.by accident/disease, stress2.course of employment; &3.risks of that employment

b. Lump sum payment – 1. All medical expenses2. Lost wages – 80%3. Vocational Rehabilitation4. Gross Negligence

II. How Does the Workers’ Compensation System Work?

C. The Award Hearing

Hearing conducted by Workers’ Compensation Board or Industrial Accident Commission.

D. Paying for the Insurance

1. Private insurance company

2. State administered fund

3. Self-insured