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The article discusses the application of the legal doctrine in tort law, respondeat superior, as the at-home and remote work options become popular in the U.S. Topics discussed include employers' liability for wrongful acts committed by their employees occurring within the scope of their employment, the link between respondeat superior and workers' compensation in relation to defining the scope of employment, and the view that courts should uphold strict liability in respondeat superior cases.

This article examines the issue of "take-home" COVID-19 claims, where employees who contracted the virus at work transmit it to their family members at home. It explores the impact of COVID-19 business liability shield laws on these claims and whether workers' compensation laws prevent such claims. The article also discusses whether employers have a duty of care towards employees' family members and explores exceptions to this duty. It references case law on take-home asbestos claims to provide insight into the viability of take-home COVID-19 claims. The courts have generally been hesitant to impose a duty of care on employers, considering factors such as foreseeability, the connection between the employer's actions and the harm, moral blame, and the burden on employers and society. They have also taken into account public policy concerns and the potential for an influx of litigation. Ultimately, the courts have determined that the burden on employers and the broader societal consequences outweigh the compensatory and cost-internalization aspects of negligence liability. [Extracted from the article]

The article discusses the legal issues about sexual harassment and sexual assault injury in the workplace and how plaintiffs can recover damages outside of workers' compensation. Other topics include the statutory systems of workers' compensation, the exclusivity of workplace injury claims, and some laws by U.S. states like the Michigan Workers' Disability Compensation Act and Pennsylvania's Workers' Compensation Act.

The article focuses on Grand Bargain," became codified as Idaho's worker's compensation law in 1917. It mentions law was part of a movement sweeping the nation to standardize compensation to injured employees and limit an employer's common law defenses to workplace injury claims. It also mentions exchange for guaranteed, but far less expansive damages under common law tort claims and compensation claims against an employer without regard to fault.

The article explores the landscape of the dual capacity doctrine in the U.S., and whether the dual persona doctrine, a stricter version of dual capacity theory, could be appropriately applied to hold an employer liable as a third party under the Texas Workers' Compensation Act. Topics discussed include historical background, application of dual capacity theory, and legislative intent and practical implications.

The effects of the increase in the employers' liability on work accidents is underresearched. This article investigates the impact using time series analysis of changes brought about by the Employers' Liability Act 1880 and Workmens' Compensation Act 1897 on the U.K. coal mining fatality rates and wages over the period 1873 to 1914. The statistical analysis finds little evidence that these reforms affected coal mining fatality rates. There is some statistical evidence that this may have been due to offsetting wage adjustments as the employers were required to compensate those injured and the survivors of deceased miners. [ABSTRACT FROM AUTHOR]

The article highlights statutory developments and appellate court decisions addressing workers' compensation issues in the U.S. for the period from October 2019 through September 2020. Topics discussed include obligation of guaranty association to reimburse Medicare conditional payment, constitutionality of provision limiting recovery in workers' compensation death cases, and on-premises injury during lunch break.

This contribution focuses on the governance of industrial accidents and occupational diseases. Prevention of work-related accidents and diseases and compensation of employee-victims can be the subject of public regulation, such as OHS regulation and social security. However, also private actors may be involved in the regulation of work-related accidents, especially when compensation of damage caused by work-related risks is not (sufficiently) covered by public regulation. These private actors include representatives of employers and employees, but may also include private insurers. In some jurisdictions liability insurers provide supplementary cover for OHS risks and policy-makers often expect that the monitoring by liability insurers will increase safety at work. The main research question addressed in this paper is whether insurers (and more particularly insurers of employers' liability) are indeed able to contribute to safety at work. Taking a law and economics perspective, we expect that this depends crucially on the possibilities insurers have to control moral hazard and adverse selection. However, the extent to which liability insurers have a financial interest in combatting these phenomena plays an important role. That may crucially depend upon the generosity of the public compensation scheme. First, we recapitulate the economic theory of insurance to the extent that it relates to work-related risks. Second, we address the question whether in some jurisdictions insurers have actually made use of these instruments, based on a literature survey. Third, we examine information on insurance policies offered by insurers in The Netherlands and the United Kingdom, to analyse to what extent theory matches practice. [ABSTRACT FROM AUTHOR]

Using a unique data set from Ontario, the authors investigate the relationship between representation and the probability that a workers' compensation appeal initiated by a worker will be granted. Unlike similar previous investigations, this study includes many types of claims, not just permanent partial disability, low-back, or lost-time claims. Only representation by the Office of the Workers Advisor or by a member of a politician's staff, both of which are available to workers free of charge, increased the likelihood of an appeal being granted or partially granted. Injured workers who hired lawyers, consultants, or advocates, or who sought representation by a union, were no more likely to win their appeal than were workers who represented themselves. [ABSTRACT FROM AUTHOR]

Despite well‐publicized sources of occupational hazard, silicosis continues to threaten industrial workers in the United States. We performed a retrospective search of the University of Wisconsin electronic pathology database to retrieve autopsy cases of silicosis and collaborated with the Wisconsin Department of Health Services to obtain statewide epidemiologic data regarding silicosis morbidity/mortality since 2003. Three silicosis autopsy cases were retrieved: all were men with ≥ 30 years of occupational crystalline silica exposure and similar histologic features of collagenous pulmonary nodules with admixed refractile particles. Overall, our state exceeds the national rate of silicosis‐related hospitalizations and mortality, that is, 10.1 hospitalizations per million WI residents versus 1.2 nationally and 1.2 deaths per million WI residents versus 0.4 nationally. Surveillance is crucial to identify emerging occupational hazards and protect workers. A diagnosis of silicosis must be carefully considered at autopsy since it carries substantial implications for worker's compensation, compensatory losses, and employer liability. [ABSTRACT FROM AUTHOR]

Since first enacted over 60 years ago, Workers' Compensation laws have been considerably revised. Although they have moved closer to realizing their enactment objectives, they still do not provide adequate protection for the worker and his/her family. Thinking concerning social responsibility may have progressed enough that adequate legislation can now be enacted. [ABSTRACT FROM AUTHOR]

Studies of the effectiveness of medical and vocational rehabilitation and the disincentive effects of workers' compensation benefits frequently assume that a return to work signals the end of the limiting effects of injuries. This study is the first to test that assumption empirically. The authors use a rich data set on Ontario workers with permanent partial impairments resulting from injuries that occurred between 1974 and 1987 to show that the effects of injuries on employment are more enduring than previous studies indicate. The rate of successful returns to employment, measured by first return to work, is 85%, but the rate of success evaluated over a longer time period is only 50%. [ABSTRACT FROM AUTHOR]

This paper presents a numerical simulation, based on data from the early 1970s, to investigate the economic links between labor market outcomes and the workers' compensation insurance system. The results suggest that, in most cases, any of three changes in the system--more generous benefits, more accurate categorization of insurance claims, or more complete experience rating of premiums--will slightly reduce the actual number of work-related injuries but will dramatically increase the number of insurance claims filed. The authors conclude that changes in self-reported injuries can produce significant misimpressions of the safety incentives created by the workers' compensation insurance system. [ABSTRACT FROM AUTHOR]

Competitive theory implies that compensating wage differentials will be paid to workers in hazardous employment, but only to the extent that employees are liable for risk. This prediction suggests that previous estimates of wage-risk premiums may be biased as a result of the failure to control for variations in workers' compensation benefits across states. The authors of this paper test an empirical model of compensating wage differentials that includes a measure of employer liability. For nonunion workers, they find that significant wage premiums are paid for an increased probability or severity of nonfatal injury; a slight downward bias in these estimates results from omitting the liability variable; and increases in employers' costs of workers' compensation are offset dollar-for-dollar by reduced wages. For union workers, however, the evidence on compensating differentials is mixed, and there is no suggestion of a trade-off between wages and the costs of workers' compensation. [ABSTRACT FROM AUTHOR]

A response by Daniel M. Kasper to the comment of James R. Chelius about his article "An Alternative to Workmen's Compensation" is presented. Kasper examined Chelius's failure to differentiate properly between the incentive effects of first-party and third-party insurance and the inconsistency of his arguments concerning society's interest in income maintenance. According to the author, assessment of a worker's full losses against a negligent employer is essential to ensure efficient employer safety incentives.

The article discusses problems associated with the workmen's compensation system in the United States. Among the goals of the proponents of the workmen's compensation system was to save time and money by dispensing with unnecessary formalities and setting up simple administrative procedures which would permit considerable saving in attorneys' fees and court costs. A leading issue among the problems with the workmen's compensation system is excessive litigation. Another problem is controlling lump-sum payments.

The article discusses the development of workmen's compensation in the U.S. in 1913. The program was considered as a hopeful symbol of progressive labor legislation. According to its proponents, among the many advantages of the workmen's compensation system were: assurance of predetermined, adequate, and prompt benefits; elimination of wasteful litigation; certainty of the means of payment through insurance; promotion of industrial safety and health; adequate medical care and rehabilitation of the injured worker.

This article highlights aspects of the tort system of compensation for personal injury by comparing the provision made for workers under the state's industrial injury scheme. The relative significance of the two schemes has rarely been considered and has not been dealt with in any law journal. Although lawyers are ever-present in tort claims, they have little involvement with applications for social security benefit. Partly as a result, there is a stark contrast between the voluminous literature on the common law, on the one hand, and the very limited information about statute-based workers' compensation on the other. This article tries to redress the balance by bringing the industrial scheme back into the spotlight. Comparisons are made of entitlement under both systems and the value of the compensation they provide. The industrial scheme is shown to pay benefits which, in the long term, can often exceed the lump sum paid in tort. A wide range of statistics is used to illustrate the relative importance and practical effect of the two regimes. In tracing the history of workers' compensation the enduring significance of the industrial scheme is revealed together with other findings which may surprise those familiar only with litigation at common law. [ABSTRACT FROM AUTHOR]

The paper undertakes an analysis of an employer`s financial liability for damages caused by an employee to a third party. The author presents controversies which appeared in this field of law in the doctrine and judicature. An attempt was made to determine the basis and regulations that trigger the liability of the employer. The paper presents how the regime of liability changes depending on whether the employer and the victim were or were not in any relationship of obligation before the damage occurred. However, the main purpose of the paper is to focus on a situation in which the victim, called the third party, is also an employee of the employer. The contemporary literature emphasizes the fact that the employer is increasingly burdened with the risk of paying compensation due to employment relationship with the victim. In practice, it is pointed out that the risk determines the extent of the employer's compensation liability for damages. The aim of the paper is to analyze the practical significance of this risk in the scope of the employer's liability. [ABSTRACT FROM AUTHOR]

The article comments on the article "An Alternative to Workmen's Compensation," by Daniel M. Kasper. According to the author, Kasper's analysis of the model workmen's compensation law demonstrates that several weaknesses are also inherent in this system. The author proposed a modified workmen's compensation system that emphasizes significant injuries and also offers an option to sue if the injury is felt to be caused by gross negligence.

The article focuses on the statutory developments and appellate court decisions addressing workers' compensation issues and the employers' liability law for the period of October 2013 through September 2014 in the U.S. Topics discussed include rational basis for this lack of equal treatment between committed same-sex couples in Alaska, the importance of employee-employer relationship and the ruling of Pennsylvania Supreme Court on undocumented worker.

The article discusses the need to change a provision in Workers' Compensation regulation that focuses on appeal bonds. Topics covered troubles that could be faced by employees when prosecuting the Illinois Workers' Compensation Commission, loopholes in the provision and implications for injured workers. Also mentioned are cases related to the provision.

Background Falls from height (FFH) continue to cause significant morbidity and mortality across the construction industry. Methods By linking data on work hours with workers' compensation records, rates of work-related injuries resulting from FFH and associated days away from work were evaluated among a large cohort (n = 24,830) of union carpenters in Washington State from 1989 to 2008. Using Poisson regression we assessed rates of FFH over the 20-year period while adjusting for temporal trend in other work-related injuries. Patterns of paid lost days (PLDs) were assessed with negative binomial regression. Results Crude rates of FFH decreased 82% over the 20-year period. Reductions were more modest and without demonstrable change since 1996 when adjusting for the temporal reduction in other injuries. Younger workers had higher injury rates; older workers lost more days following falls. Rates of PLDs associated with falls decreased over time, but there was not a consistent decline in mean lost days per fall. Conclusion These patterns are consistent with decreased FFH for several years surrounding state (1991) and then federal (1994) fall standards; the decline during this time period exceeded those seen in injury rates overall in this cohort. While crude rates of FFH have continued to decline, the decline is not as substantial as that seen for other types of injuries. This could reflect a variety of things including more global efforts designed to control risk (site planning, safety accountability) and changes in reporting practices. Am. J. Ind. Med. 57:69-77, 2014. © 2013 Wiley Periodicals, Inc. [ABSTRACT FROM AUTHOR]

While the committee addresses a broader range of topics -- including the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and occasionally the Occupational Safety and Health Act (OSHA) -- the focus is primarily on workers' compensation law. The Workers' Compensation and Employers' Liability Committee is a TIPS general committee bringing together administrative law judges, defense attorneys, plaintiffs attorneys, law students, and academics all involved in the areas of workers' compensation law and employers' liability law. The committee seeks to educate and illuminate all aspects of workers' compensation law and related state and federal laws that govern leave, injury management, injury recovery, and accommodation in the workplace. [Extracted from the article]

The article focuses on the New Mexico court case Griego v. New Mexico Workers' Compensation Administration, which dealt with workers compensation awards for farm workers. Topics include the exclusion of farm workers and ranch laborers from New Mexico's state constitution's equal protection clause and compensation discrimination.

The article describes the principles of workers' compensation and employers' liability in the U.S. It presents an economic analysis of the workers' compensation along the dimensions of efficient deterrence, efficient risk-bearing and efficient administration of claims. The risk of ex post moral hazard in the form of exaggerating injuries is also discussed.

The article focuses on court decisions given by the Georgia appellate court and the Georgia Supreme Court on cases which involves the use of the Worker's Compensation Act. It informs about several court cases which include the Mulligan v. Selective HR Solutions Inc. case defending the need of pre-authorization of health insurance coverage, the McRae v. Arby's Restaurant Group which defines that physician can not contact employer and the Estate of Pitts v. City of Atlanta on exclusive remedy.

Injured workers, particularly those with more severe injuries, have long experienced workers' compensation systems as stressful and demeaning, have found it difficult to obtain benefits, and, when able to obtain benefits, have found them inadequate. Moreover, the last two decades have seen a substantial erosion of the protections offered by workers' compensation. State after state has erected additional barriers to benefit receipt, making the workers' compensation experience even more difficult and degrading. These changes have been facilitated by a framing of the political debate focused on the free market paradigm, employer costs, and worker fraud and malingering. The articles in this special issue propose an alternate framework and analysis, a human rights approach, that values the dignity and economic security of injured workers and their families. Am. J. Ind. Med. 55:483-486, 2012. © 2012 Wiley Periodicals, Inc. [ABSTRACT FROM AUTHOR]

Background This article introduces the idea of human rights to the topic of workers' compensation in the United States. It discusses what constitutes a human rights approach and explains how this approach conflicts with those policy ideas that have provided the foundation historically for workers' compensation in the United States. Methods Using legal and historical research, key international labor and human rights standards on employment injury benefits and influential writings in the development of the U.S. workers' compensation system are cited. Results Workers' injury and illness compensation in the United States does not conform to basic international human rights norms. Conclusions A comprehensive review of the U.S. workers' compensation system under international human rights standards is needed. Examples of policy changes are highlighted that would begin the process of moving workers' compensation into conformity with human rights standards. Am. J. Ind. Med. 55:506-518, 2012. © 2012 Wiley Periodicals, Inc. [ABSTRACT FROM AUTHOR]

The article discusses several court cases including Evans v. Queanbeyan City Council which dealt with risk of disease from exposure to asbestos, Warren v. Attorney General (Jersey) which dealt with marijuana trafficking, and R v. M which dealt with mens rea.

The article discusses the decision of the Supreme Court of Missouri regarding the amendments of the Missouri Workers' Compensation Act of 2005. The act pushes employers to put the risk of injury to employees without bearing the financial obligations. The Supreme Court concludes that employees excluded under the Act can use the common law negligence cause of action. Also, labor organizations claim that the amendment lacks rational basis for the reduction in benefits available to employees.

Insurance of property and persons on construction sites is extremely important for builders and their workers because they are compensated for the financial loss caused by a particular damage. Generally, there are three types of insurance obtained by employers: insurance against accidents, insurance against liability to third parties and employers, and insurance of structures undergoing construction or assemblage (in civil engineering). As these insurances are not compulsory, frequently neither the persons nor the property on a construction site have insurance, which often results in compensation lawsuits. Different personal injuries sustained not only by employees but also by other parties on the construction site pose a particularly delicate problem. Therefore, it is necessary to get acquainted with available insurance policies in more detail so that each employer can evaluate the adequacy of the policy on offer. [ABSTRACT FROM AUTHOR]

Comparing elements of the Workers' Compensation database with data from the Survey of Occupational Injuries and Illnesses is a useful way to determine which types of injuries and illnesses the SOII is most likely to undercount [ABSTRACT FROM AUTHOR]

The article examines the factors associated with differences in access to income replacement benefits for workers experiencing a work-related injury or illness of 1-week or longer in the Canadian labor force. Logistic regression models examined factors at the individual, occupational, and geographic level that were associated with the probability of receiving compensation. The probability of not receiving employer or workers' compensation benefits was higher among women, immigrants in their first 10 years in the country, younger workers, and those who were not members of a union or collective bargaining agreement, and part-time workers.

Contrary to the original intention of no-fault workers' compensation laws, employers deny liability for a substantial fraction of on-the-job injuries. We develop and estimate a simple structural model that explains the high rate of litigation as a consequence of asymmetric information. We estimate the model using data for a large sample of back injuries in Minnesota. Simulations under the counterfactual assumption that all denied workers pursue their claims suggest that the strategic incentive accounts for 30%-40% of observed liability disputes. [ABSTRACT FROM AUTHOR]