Chapter 25 Employment-Related Injuries 11/15/2018 Chapter 25 Employment-Related Injuries 25-1 Safety on the Job 25-2 Employer’s Liability for Work-Related Injuries Chapter 25 LAW

25-1 Safety on the Job GOALS Recognize the two approaches taken to protect workers from on-the-job injuries Distinguish the role of OSHA in the effort to prevent such injuries Chapter 25

REQUIRING A SAFE WORKPLACE Legislative background of OSHA OSHA’s responsibilities Assure a hazard-free workplace Develop and enforce specific regulations Conduct workplace inspections Dealing with OSHA violations Chapter 25

What are the two approaches taken to prevent on-the-job injuries in the United States? Chapter 25

25-2 Employer’s Liability for Work-Related Injuries GOALS Recognize the importance of employee negligence suits and workers’ compensation Describe the procedure for handling workers’ compensation cases Chapter 25

NEGLIGENCE LAW AND WORKERS’ COMPENSATION Employee negligence suits Difficulties for employees in negligence suits The compromise of workers’ compensation Continued on the next slide Chapter 25

NEGLIGENCE LAW AND WORKERS’ COMPENSATION Recovering in lieu of workers’ compensation If employer fails to provide workers’ compensation insurance If employee coverage is not required If the injury is not covered by workers’ compensation Employer commits an intentional tort Chapter 25

Name the three common-law defenses utilized by employers against negligence cases by employees. Chapter 25

HOW DOES THE WORKERS’ COMPENSATION SYSTEM WORK? Determination made as to whether injured employee is covered Scope of employment Risks of employment Excluded employees Workers for companies not required to carry workers’ compensation insurance Casual workers Independent contractors Those covered by other systems Continued on the next slide Chapter 25

HOW DOES THE WORKERS’ COMPENSATION SYSTEM WORK? The determination of benefits The award hearing Paying for the insurance Chapter 25

What employees are generally excluded from the coverage of a workers’ compensation system? Chapter 25

PREVENT LEGAL DIFFICULTIES As an employee . . . Think about elements of your work that might cause injury to you or a co-worker. If the risks are serious, discuss them in a friendly way with your boss. If your boss is not helpful, consider discussing the situation with the people at OSHA. Continued on the next slide Chapter 25

PREVENT LEGAL DIFFICULTIES Determine whether you would be covered by workers’ compensation insurance before accepting a job involving safety risks. Follow all safety precautions, use all safety devices prescribed for your job, and follow the employer’s safety regulations. Continued on the next slide Chapter 25

PREVENT LEGAL DIFFICULTIES As an employer . . . Inspect your workplace frequently to identify and to eliminate risks to the safety and health of your workers. Verify that all your workers are covered by workers’ compensation. If some are not covered, ask an attorney who specializes in employment law to review their status. Continued on the next slide Chapter 25

PREVENT LEGAL DIFFICULTIES If you hire servants, agricultural or casual workers, or independent contractors who are not covered by workers’ compensation, ask your lawyer for advice on how to limit your liability for injuries to them. Consider asking OSHA inspectors to conduct an informal inspection of your workplace. Chapter 25