RMI-4224 Lecture Notes - Lecture 4: Contributory Negligence, Merchant Marine Act Of 1936
Document Summary
Development of the system: common law relationship, employee must prove negligence, employer obligations, provide reasonably safe work place, provide reasonably safe tools, provide competent fellow workers, warn of any known dangers. Common law defenses: assumption of risk, contributory negligence. If you are 1% at fault, you ca(cid:374)"t collect: fellow servant rule. If you are injured on the job, your employer has to take care of you: 1911, you the employee does not have to prove negligence. In return, employer gets tort immunity: covered employments. Benefits to employee: medical, u(cid:374)li(cid:373)ited lifeti(cid:373)e, disability income, average weekly wage, death and survivor benefit. If you are injured on the job and die, then your estate gets ,000: burial allowance, rehabilitation. Security for benefit payments: private insurance, state funds, competitive, assigned risk, monopolistic, self-insurance, second injury fund. Workers comp policy: general section, part one workers comp policy. Insuring agreement: part two employer liability, part three other states insurance.