Worker’s CompensationCompensaton - given or received as payment as service or loss

The Demand for compensation To pay for the losses worker

experienced.

The toll in human lives, injuries, medical expenses.

Common Law Defenses 1) Assumption of risk – if injured he

cannot be indemnified for losses. 2) Contributory negligence – Employer

could claim that the employee acted carelessly.

3)The fellow servant rule – could manipulate and attempt to show that a fellow employee was negligent and cause the injury.

Early Worker’s Compensation Law’s: Increase employer responsibility by

removing Assumption of risk and fellow servant rule.

Under employer liability – injured worker had to take his claim to court.

Worker’s Compensation Laws No Fault Concept – balance in

right(employer&employee)

Types of laws Compulsory – to accept it’s provisions

and to provide for benefits as specifies. Elective – an employer has right to

accept or reject participation. If employer choose reject, he loses 3 common law defenses.

Objective of worker Compensation Laws 1) Replace lost income and provide

medical treatment promptly. 2) Provide a single remedy without

costly litigation and delays. 3) Relieve public and private charities of

financial drains.

Objective of worker Compensation Laws 4) Encourage employer interest in

accident reduction and prevention. 5) Restore earning capacity and work

capability of workers through rehabilitation.

6) Encourage open investigation of accidents to prevent similar occurrences in the future( not to find fault)

Benefit of Compensation Eligibility Criteria

Accident and injury

Employment

Types of Disability Temporary Total Disability – applies to a worker

who is completely unable to work for a time Temporary Partial Disability – Who are unable

to perform their regular job duties but able to work at a job requiring lesser capabilities.

Permanent Partial Disability – permanent reduction in work capability but is still able to retain gainful employment.

Permanent total Disability – a Worker injured in the job and no longer able to work.

Benefits for Disability

- to provide payments for medical expenses, burial expenses and loss of wages.

Loss of wages Discourage malingering by worker

Medical Burial Rehabilitation Payments for Impairment Whole Man theory Lost Wages theory Loss of Potential Earning Theory

Financing

Types of Insurance State Operated insurance Private Insurance Policies Self Insured Benefits

Kind of Rated and Discounts Manual Rates – One applies premiums directly

from the rate book for the applicable state.

Schedule Rates - Reduction in premium rate by engaging in certain hazard reduction activities were listed in schedule.

Experience rating prspective - refers to establishing a rate for a future experience period (e.g., upcoming policy year) based on the experience of prior policy years.

Kind of Rated and Discounts Experience Rating Retrospective – employers with

sufficiently large policies can affect their rates while the policy is in force rather than waiting for 3 yrs also wokers can claim @ 1 yr.

Fixed rate premiums – Change from year to year depending in the losses of all businesses within the state for employment classification.

Premium Discount – Administrative cost are relatively less than for small policies. Discount in graduated state based on total premiums paid.

Competitive Premium rates – Competition among insurance company was based on supporting services for clients.

Administration Administration of workers compensation

programs keeps cost down. Workers must provide the employer with

notice(usually written on standard form) that he was injured on the job when it approve all expenses will pay with authorized.

Third Party Lawsuits Employees cannot file suit against their

employers for job related injuries. Employee can sue a fellow worker. If an injured worker wins such a lawsuit

and receives an award that is larger than that obtained through workers’ compensation

Product Liability Why we should know this? So that we can act prudently,

professionally, and ethically at an early stage to keep unnecessary risks associated with products out of the marketplace.

Theories of Liability Warranty - addresses performance of a

product regarding implied or explicit claims made for it by the manufacturer or seller

Negligence - involves the conduct or behavior of a person or corporate body regarding something they did or failed to do

Strict liability – deals with characteristics of products that are unreasonably dangerous

PRODUCT LIABILITY EVIDENCE that the product was defective that the defect existed at the time it left

the defendant’s hands that the defect caused the injury or

harm and was proximate to the injury

NEGLIGENCE Negligence includes acts of omission

(failure to act) or commission (performing an act).

preventing harm

WARRANTY Implied - user or consumer of a product

receives some guarantee regarding the quality of a product Merchantability - a product is fit for the

ordinary purposes for which such goods are used

fitness for a particular purpose Express -

STRICT LIABILITY must breach of warranty be proven

focuses on the qualities of the product that caused injury

Three fundamental elements of evidence: that the product was defective that the defect existed at the time it left

the defendant’s hands that the defect caused the injury or

harm and was proximate to the injury

DEFECTS Design Defects - are unreasonably

dangerous characteristics of a product resulting from decisions, calculations, drawings, or specification of the design process.

Manufacturing Defects - occur in a limited number of products of the same make. “res ipsa loquitur” or  principle that the occurrence of an accident implies negligence.

Defects in Instructions and Warnings explain how to use a product effectively

or safely.

identify dangers inherent to the product or dangers that may result from its use or misuse.