Employment Related InjuriesChapter 25

Presented By:Zarye Wossene, Tyler Dawson-Arroyo, Hana Hemingway, Christina Devereaux

25-1 Safety On The Job

Goals For Ch. 25-1:● Recognize Two Regulations For On-The-Job Injuries.

● To Be Able To Identify The Rules Of The OSHA in the effort to prevent injuries.

25-1: Requiring a Safe Workplace

● OSH Act (Occupational Safety and Health Act)○ General duty clause - employers must provide a

hazard free workplace ■ Employers can be fined, imprisoned or shut down

if general duty clause is violated● OSHA (Occupational Safety and Health Administration)

○ Responsible for making specific workplace regulations

○ Has authority to inspect workplace

25-1: OSHA’s Responsibilities’ ➢ Assure A Hazard-Free Workplace:➢ General Duty Clause - A Location where employees can be without harm.➢If This “Duty” Is Violated

25-1 OSHA’s Responsibilities’ Continued…➢ Develop and Enforce Regulations➢ Is Responsible for Safety Specific

Regulations- Approve of the Workers Safety Environment

25-1 OSHA’s Responsibilities' continued…➢ Conduct Workplace Inspections:➢ Makes inspections of Employee’s

environment➢ Employee’s are required to have a

safety report on file➢ Employee’s may anonymously contact

OSHA

25-1 Dealing With OSHA Violations

• Not Usually Legal Violations• If Cost of Violations are High, Then a

Lawyer Can be Contacted for Legal Problems

• Some Rights to Appeal OSHA Actions Can be “Lost”

25-1 What’s Your Verdict?Taylor’s Trailers custom built their famous “WE'RE ALWAYS BEHIND” models to be used in transporting lawn care and light farm equipment. The trailer assemblies were created through welding. During its 8th year in operation, the business had a perfect safety record. However, recent OSHA inspection required the ship workers to start wearing full-front safety aprons and welding helmets in the welding department. Does Taylor’s Trailers Have Comply?

25-2 : Employers Liability

Goals For Chapter 25-2● To be able to recognize the importance of employee

negligence suites and workers’ compensation.

● To be able to describe the procedure for handling workers’ compensation cases.

25-2: Before We Continue…An Introduction to Ch. 25-2:

Under the common-law negligence approach used in this country for centuries, employees may sue their employers for injuries sustained on the job.

25-2 Employee Negligence Suites

● Some Difficulties in Suites -Original Common-Law Made Obstacles

● Assumption of Risk-Being Aware of Danger

● Co-Workers Negligence-Co-Worker is reliable of injuries

25-2: Example Case:

Miley Cyrus is shooting her music video “Wrecking Ball”, and while she was swinging on her wrecking ball, she swung into the videographer. The videographer had a cracked skull and broke two ribs. After The videographer was done being “wrecked”, he was airlifted to the hospital. After his injuries were (semi) healed, the videographer sued Miley for assault with her wrecking ball.Does Miley have to comply?

Tell Us Your Thoughts

Go To: PollEv.com/zaryewossene799Or

Text: Code To 22333Codes:

399574 for Yes399583 for No

25-2 Goals Pt. I

What Is The importance of employee negligence suites and workers’

compensation?

25-2 Goals Pt. I Continued…What’s Your Verdict? Will Help Us Find Out!:

Crow was a steel worker working on the fifth story of a fifteen-story apartment project. His employer, Nu-Dimensions Inc., provided all workers with helmets as required by law to protect employees from falling objects that frequently fall from the top floors. One day, because of the intense heat, Crow removed his helmet and worked “bare-headed” while the supervisor was off site. A large bolt fell from the employer’s construction crane and hit crow on the head, fracturing his skull. Could Crow collect money for his injuries due to this on-the-job incident?

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382979: For Answer No

25-2 Goals’ Pt. II

✓ To be able to describe the procedure for handling workers’ compensation cases.

25-2: The Compromise Of Workers’ Compensation

Common-Law Defenses:1. The Employee assumed risk2. The employer’s negligence3. The Co-Workers negligence

25-2: The Compromise Of Workers’ Compensation Continued…

The Workers’ Compensation Statutes:➢ Limits the amount of injuries to occur➢ Forced lawsuits to decrease ➢ Today insurance is required by law

25-2 Goals Pt. II Continued…

?Can you describe the procedure for handling

workers’ compensation cases? ¿

Another Poll from PollEverywhereTM

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25-2: Recovering in Lieu of Workers’ Compensation

● No sueing if under workers’ compensationo Exceptions

● Negligence● Coverage needed● Coverage not required: common law

25-2: Employee Coverage● Injury must be in scope of employment

o Injury happened while working for the employer● Risks with Jobs● Excluded Employees● Large Employers● Casual: no coverage needed

o Casual Workers: are those who do not work regularly for one employer

● Independent Contractor no coverage● Special federal laws

25-2: The etermination of Benefits

● Lump-sumo Medical expenses covered

● Vocational rehabilitation: is training for another type of job.

● Amount of benefit ● Decisions

o Hearing Workers’ Compensation Board or the

Industrial Accident Commision

25-2: Paying for the Insurance● Three Sources

o Purchase a worker’s compensationo Participate in state administeredo Self- Insured

Work Cited: Images● http://www.globoforce.com/how-it-works/versatile-programs/safet

y/● http://www.propertycasualty360.com/2013/07/15/workers-comp-b

ad-faith-unacceptable-oversights● http://www.powersurveyco.com/contact-voltage/technical/benefit

s-2/● http://www.injuryfree.com/6455/news-event/osha-industry/wyomi

ng-looks-to-change/● http://www.walsworth.com/blog/tag/employee-safety/