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w-3 - April 13 Notes CHAPTER 51EMPLOYMENT LAW 1315 Hybrid...

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April 13 Notes Alexandra Moxley CHAPTER 51–EMPLOYMENT LAW 1315 Hybrid of : Tort and contract law Legislation Protecting Employee Health, Safety, and Well-Being 1316-1320 - Workers’ compensation protects only employees (not independent contractors) -applies to all but the smallest employers (does not apply if fewer than 3 employees) -file under strict liability (don’t have to prove employer negligence) -removes certain employer defenses (assumption of risk, contributory negligence) *exclusive remedy for employees that suffer work related injuries unless employer acted intentionally -can recover only for work related injuries that: 1. arise out of employment a. close relationship between injury and nature of employment b. employment increased risk of injury c. employer put employee in position to be injured 2. happen in course of employment a. w/I time/place/circumstances of employment -injured workers can still sue others who cause or contribute to their injuries -ex provided w/ defective tool and they get hurt while using it (can sue employer and third party who provided tool)
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