BUSINESS LAW

Business Law

Business Law

Answer No.1

Employees were involved in making renovation in the company by using a gear-pulling device. The device had four huge steel studs that were very heavy. While conducting the repair operation the stud struck head of an employee. There happened two accidents in which studs injured the workers. Safety precautions were again and again requested by the lead repairman but the company rejected it. The court should implement the rules and regulations to solve the concern.

In most of the states, workers' compensation statutes are limited to the worker's remedies for work-related injuries against the employer. However in some of the exceptional situations, in which the intention of the employee is to cause harm to the employee, no matter how violent the employer's practiced the worker's sole remedy I the opposition of the employer will be done by the workers' compensation system. According to the section 11 of the Workers' Compensation Act employees are required to pay damages for any kind of personal accidental injury continued by the employee that occurs in the duration of employment." According to Section 12 such liability is made "in place and exclusive of all other legal responsibility of the employer within a common law or otherwise, loss of services, for certain injury, or death”. The exclusive remedy of workers' compensation is limited by the legislature to an employer's legal responsibility for the occurrence of accidental injury in the duration of employment. Common law protection to an insurance carrier is not extended for its failure by any exclusive remedy provision in section 12's extends in order to deal fairly (Davis v. CMS, 2001).

A comprehensive scheme is provided by the Workers' Compensation Act in order to offer wage benefits and medical care to injured employees. However, it is obvious that not every injury associated with job comes in category of the exclusive remedy provision of the Act. The provision of the Act has expressly excluded some injuries. These injuries involve the claim of third party mentioned under the section 12's penalty provision in opposition to an employer who is not able to protect recompense in the way mentioned in section 61 of the Act, some exceptional cases to the Act, that are mentioned in found in section 11, depending on an employee's planned injury either to his colleague or himself, failed to utilize the services of protection or a guard in the opposition of substance ...