LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 25 Employment-Related Injuries Safety on the Job Employer’s Liability for Work- Related Injuries

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 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

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 3 REQUIRING A SAFE WORKPLACE Legislative background OSHA’s responsibilities Assure a hazard-free workplace Develop and enforce specific regulations Conduct workplace inspections Dealing with OSHA violations

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 4 CHECKPOINT What are the two approaches taken to prevent on-the-job injuries in the United States?     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 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

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 6 NEGLIGENCE LAW AND WORKERS’ COMPENSATION Employee negligence suits Difficulties for employees in negligence suits The compromise of workers’ compensation Continued on the next slide

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 7 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

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 8 CHECKPOINT Name the three common-law defenses utilized by employers against negligence cases by employees.     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 9 HOW DOES THE WORKERS’ COMPENSATION SYSTEM WORK? Employee coverage Scope of employment Risks of employment Excluded employees Self-insuring workers and companies Casual workers Independent contractors Those covered by other systems The determination of benefits The award hearing Paying for the insurance

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 10 CHECKPOINT What employees are generally excluded from the coverage of a workers’ compensation system?     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 11 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. Determine whether you would be covered by workers’ compensation insurance before accepting a job involving safety risks. Continued on the next slide

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 12 PREVENT LEGAL DIFFICULTIES Follow all safety precautions, use all safety devices prescribed for your job, and follow the employer’s safety regulations. Continued on the next slide

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 13 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

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 25 SLIDE 14 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.