Showing posts with label intentional tort. Show all posts
Showing posts with label intentional tort. Show all posts

Wednesday, March 31, 2010

Ohio Upholds New Limits on Liability Actions Against Employers

The Ohio Supreme Court has upheld a 2005 statute that restricts an employee's direct liability actions against employers. The statute requires a showing that the employer deliberately intended to injury an employee. Employees remain restricted to the the Ohio workers' compensation remedy for recovery of benefits.

"As this court has often recognized, workers' compensation laws are the result of a unique mutual compromise between employees and employers, in which employees give up their common-law remedy and accept possibly lower monetary recovery, but with greater assurance that they will receive reasonable compensation for their injury," Justice Robert Cupp wrote in one of the two opinions he authored. "Employers in turn give up common-law defenses but are protected from unlimited liability."

The issue was decided when the US District Court for the Northern District of Ohio certified constitutional questions to the Ohio Supreme Court.

Kaminski v. Metal & Wire Prods. Co. (Slip Opinion)2008-08573/23/20103/23/20102010-Ohio-1027

Saturday, February 27, 2010

Making a Fatal Circus Out of Safety




The terrible and tragic death of Daum Brancheau, the trainer who was attacked at SeaWorld by a killer whale, provides striking evidence that the present system, to make the workplace safer, is not working. The corporate incentive to maintain a safe workplace unfortunately only can be induced by economics.

Two things need to happen so that workplaces become safer. The Occupational Safety and Health Act (OSHA) need to be strengthened, and the workers' compensation system needs to remove the exclusivity bar that prevents liability claims against employers.

Workers' compensation has been in place since 1911 and limits recovery for an employee injured at work and shields employers from liability claims by injured workers. The system provides for a limitation of recovery and economic caps that shield employers from threatening damage claims. Without an economic incentive employers just won't do what's necessary to prevent accidents and injuries to employere.

Legislation, Protecting America's Workers Act H.R. 2067 S.1580 and Protecting Workers From Imminent Dangers Act of 2009 H.R.2199 ,  is presently under consideration to put teeth back into OSHA. Those pending changes, sadly will not help Dawn, they would be a good first step in preventing injuries and deaths like what occurred at SeaWorld in Florida.

Click here to red more about OSHA and workplace accidents and illnesses.