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Zimmerman's Compensation Case Study

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Workers in North Dakota are covered for workplace injury by the Workmen’s Compensation Bureau. The bureau was created in 1919 by the 16th North Dakota legislative assembly for the purpose to provide “sure and certain relief regardless of questions of fault to the exclusion of every other remedy, proceeding or compensation” (WSI). The intent was to provide relief to workers injured while on the job in the form of compensation for lost wages and payment of medical bill incurred for the injury. The trade-off for coverage is the agreement that workers forego suing their employers when injured on the job. Due to this trade-off, I believe workers’ compensation disadvantages workers from seeking damages brought on by the negligence of the employer. In the case of Zimmerman v. Valdak Corp., workman’s compensation fulfilled its promise of being the exclusive remedy for compensation by barring Zimmerman from suing his employer and in the process leaving him without adequate compensation for his …show more content…
At the young age of fifteen, Joshua suffered an injury that he will have to deal with for the rest of his life. From here on out Joshua’s employment prospects are limited due to his disability. Valdak should not be protected from liability in a situation that could easily have been avoided but was not because of pure laziness and greed. Valdak could have avoided this whole ordeal by shutting down the car wash for a few hours to repair the machine. Workers’ compensation, in my opinion, should not protect employers from their own negligence because if it did employers would forgo spending money on necessary protective equipment in the name of profits. Ethically it speaks volumes that Valdak would choose not to protect its workers and then fight their employee in court. To me, I would rather keep my reputation as being a safe place to work and an employer who treats my employee's wellbeing with care and

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