37:575:315 Lecture Notes - Lecture 8: Complications Of Pregnancy, Publix, Contributory Negligence
3 Apr 2016
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Document Summary
Worker"s compensation - received when injured at workplace. Torts - injured by another person leading to a legal case. Antiquity (2050 bc) - compensation schedules (if a body part was injured and can no longer be used) Feudalism - arbitrary if you could receive compensation to recover. Early industrial/common law ( unholy trinity of defenses ) - defenses the employer could use so that he doesn"t have to pay compensation. Contributory negligence - if worker contributed in any way to an injury, no recovery. Fellow servant rule - if coworker contributed in any way, no recovery. Assumption of risk - if worker agrees to work at job knowing it could be dangerous, no recovery. Worker had to sue in tort (suing employer so eventually won"t have job) Modern era/reforms (past eras don"t exist anymore) No fault system - it doesn"t matter who is at fault. Exclusive remedy - must go through this system, cannot sue employer in tort.
