RMI-4347 Lecture 5: Commercial Notes 5
11 Apr 2019
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Overview of workers" comp laws: every state has laws that govern workers" compensation, monopolistic state funds: nd, oh, wa, wy, pr, and us vi. Before workers" comp: employer liability was governed by tort liability law. 3 main defenses available: assumption of risk doctrine, contributory/comparative negligence, fellow servant rule, all states had workers" compensation laws by 1948. Workers" compensation benefits: payment of medical benefits, payment for income lost, death benefits to survivors. Types of disability: temporary total, ends when the worker returns to work, permanent total, total disability that is expected to continue until death, permanent partial, workers who experience permanent injuries that partially reduce the worker"s earning capacity. Workers" comp rationale: economic rationale rests on whether it can minimize the cost of risk by maximizing the welfare of workers compared to alternative systems that might be used. Workers" compensation risk control: conduct risk assessments and leverage expertise, workplace design.
