Question

In: Operations Management

Describe the major provisions of worker's compensation laws. Based on this information, do you feel it...

Describe the major provisions of worker's compensation laws. Based on this information, do you feel it is fair that workers do not have the right to sue their employers for negligence? Why (not)? Cite your sources.

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Expert Solution

Major provision of worker’s compensation laws are intended to compensate the employees who get injured while performing their job in the workplace. It allows the worker’s to file a claim for the worker’s compensation instead of suing the employer that covers the lost wages, cost of covered medical expense, death benefits and the cost of rehabilitation. The injured workers are provided with monetary damages without considering who is at fault related to the injury. Worker’s compensation protects the employer from negligence and the employee who avails worker’s compensation give up the rights to sue the employer.

I feel the provisions that do not allow employees to sue their employers for negligence to be unfair because the employer negligence cannot be compensated with monetary benefits in all circumstances and the employees should have the provision to sue the employers in case of at least death cases apart from receiving the monetary benefits. It is true that employees can get rid of the complicated legal procedures through worker’s compensation, but situation will be different in case of death of the employee and monetary damages cannot compensate loss of life and the negligence can never be ignored. Moreover such provision would encourage the employer to be negligible in high profit cases.

Please refer Business Law text book by Roger LeRoy Miller, Kenneth W. Clarkson and Frank B.Cross for details.


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