-situation-where-one-of-your-injured-employees-tried-to-sue-the-manufacturer-of-equipment-that-is-used-in-your-facility-

by

You are the Corporate Safety Director for your organization. You have held this position for 3 years. Your boss has asked for a meeting with you to discuss workers compensation issues within your department. He is very concerned about workers compensation costs within the organization. However, he is currently very concerned with the potential for tort litigation as he has heard about some employees who were injured on various equipment that other companies had in their plants.  Total point value = 100 points.

Part 1: Explain what you would say to your boss regarding the situation where one of your injured employees tried to sue the manufacturer of equipment that is used in your facility. Can this employee do this or are they prevented by the exclusive remedy provisions of the workers compensation statute in your state? 30 points

Part 2: In addition to the above issue, you know that your boss has no formal education dealing with the concepts and theories of workers compensation. He worked his way up the corporate ladder over the past 15 years with a background in manufacturing. Now that he trusts you, he has asked you to explain to him how workers compensation really works. What do those terms arising out of and in the course of employment really mean? Please explain these concepts in great detail, including the categories of risk, the lines of interpretation, and examples of each. 40 points

Part 3: Finally, there are three concepts that he doesn’t quite understand. One is dual purpose trips, another is the extent traveling employees are eligible for compensation when they get hurt while traveling, even if they are staying in a motel and eating meals late at night. Finally, what are mental-mental cases and how do they fit within the concept of compensable cases? What is the trend in these types of cases in most jurisdictions? 30 points