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The employee must demonstrate that employer negligence caused the injury; if the employer does not subscribe to workers' compensation, the employer loses their common law defense of contributory negligence, assumption of the risk, and the fellow employee doctrine. [58]
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of ...
Arizona Employers' Liability Cases, 250 U.S. 400 (1919), was a collection of United States Supreme Court companion cases in which the court held that workers' compensation laws do not violate the employer's rights under the Fourteenth Amendment.
The Federal Employers Liability Act was designed to put on the railroad industry some of the costs of the legs, arms, eyes, and lives which it consumed in its operation. Not all these costs were imposed, for the Act did not make the employer an insurer. The liability which it imposed was the liability for negligence.
Vicarious liability is a separate theory of liability, which provides that an employer is liable for the torts of an employee under an agency theory, even if the employer did nothing wrong. The principle is that the acts of an agent of the company are assumed, by law, to be the acts of the company itself, provided the tortfeasor was acting ...
The Employers' Liability Act provided a way for workers to seek compensation when it was demonstrated that the injury was caused by a fellow employee. However, if the person at fault was not a fellow employee – for example, if they were someone working on the same project but contracted to a different employer – then that person's common ...
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