Worker’s Compensation Law Essay

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24-7-custom-writing-serviceWorker’s Compensation Law Assignment

Worker’s Compensation Law Paper

 

Introduction and Factual Background

            In the given case scenario, Odele and Phelps work for Northwest Energy as part of a crew that travels to remote locations to repair broken pumps and other damaged equipment. The company is subject to mandatory worker's compensation laws in the states in which it does business. When working at a site, Odele is injured in an accident that is entirely the fault of Phelps. Odele files a claim for worker's compensation and the issues are whether this claim should be granted and what defense is available for Northwest Energy. Worker’s compensation refers to a common law concept involving a benefit scheme for employees whereby workers are covered and entitled to compensation or damages in the case they become victims of on-the-job accidents and suffer injuries.  

The essence of worker's compensation is to recompense an employee for the lost wages as a result of an injury or harm suffered while in the course of their employment. Further, worker's compensation is a strict liability doctrine meaning that an employee does not have to prove fault on the part of the employer for them to be entitled to compensation in case of injury in the workplace. The only thing that an injured employee has to prove is the existence of an employer-employee relationship and the fact that the injury occurred while the employee was in the course of their employment (Baranoff, Zippora, Brockett, & Kahane 101). The rationale of this concept is that since an employee is injured while pursuing the business interests of their employer, it is only fair and just that their employer as the principal should bear the burden of compensating them for their injuries..........................GET A PLAGIARISM FREE COPY