Safety management Chapters 6 and 7

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Safety management Chapters 6 and 7

  1. 1. Worker’s Compensation Compensaton - given or received as payment as service or loss
  2. 2. The Demand for compensation  To pay for the losses worker experienced.  The toll in human lives, injuries, medical expenses.
  3. 3. 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.
  4. 4. 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.
  5. 5. Worker’s Compensation Laws  No Fault Concept – balance in right(employer&employee)
  6. 6. 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.
  7. 7. 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.
  8. 8. 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)
  9. 9. Benefit of Compensation  Eligibility Criteria  Accident and injury  Employment
  10. 10. 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.
  11. 11. Benefits for Disability - to provide payments for medical expenses, burial expenses and loss of wages.
  12. 12. Loss of wages  Discourage        malingering by worker Medical Burial Rehabilitation Payments for Impairment Whole Man theory Lost Wages theory Loss of Potential Earning Theory
  13. 13. Financing  Types    of Insurance State Operated insurance Private Insurance Policies Self Insured Benefits
  14. 14. 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. 
  15. 15. 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.
  16. 16. 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.
  17. 17. 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
  18. 18. 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.
  19. 19. 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
  20. 20. 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
  21. 21. NEGLIGENCE  Negligence includes acts of omission (failure to act) or commission (performing an act).  preventing harm
  22. 22. 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 -
  23. 23. STRICT LIABILITY  must breach of warranty be proven  focuses on the qualities of the product that caused injury
  24. 24. 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
  25. 25. 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.
  26. 26. 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.

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