Submitted By mattlv
The primary focus of lawsuits, such as that brought on behalf of WTC workers, and compensation schemes such as workers’ compensation is on paying those who have injured or made ill. The OSH Act created a general duty on the part of every covered employer to maintain a work environment free from “recognized hazards causing or likely to cause death or serious physical harm to employee.” It also created a federal agency, the Occupational safety and Health Administration (OSHA), empowered to oversee safety and health standards, by enforcing the general duty clause and by writing and enforcing detailed health and safety standards for each industry, and the National Institute of Occupational safety and Health(NIOSH), to provide research, information, education, and training. On-the-job risk:1 many dangers, such as falls from roofs or amputations form unguarded machinery.2 forceful exertions, repetitive movements and awkward posture. 3 dactyl and the food flavorings that cause bronchiolitis obliterans or modern metalworking fluid.4 workers compensation: Firms contribute to a workers’ compensation fund that is used to pay benefits to employees accidentally injured in the workplace. Instead of suing ,an employee’s legal task is simplified . she need not prove the company was negligent, nor can the company raise any of traditional defenses to negligence to defeat her claim. Employers are willing to accept this approach because there is a trade-off: if workers compensation covers an injury , the employee cannot choose to bring a negligence suit, hoping a jury will award large damages. Today, workers’ compensation is widely criticized as anachronistic and unworkable. Besides the claim that the exclusivity rule is unfair where harm is intentional, there are other contentious issues: whether an injury occurred in the “course of employment” whether a work-related…...