Legal Encounter #3
Legal Encounter #3
Legal Encounter #3
Several legal principles, regulatory /compliance requirements, and liability issues arose in Legal Encounter# 3. New Corps liabilities include; Compensating Paul (if applicable ) for work related injuries, maintaining that the work equipment was placed/moved to a safe and proper location, and that the machine equipment is properly equipped with adequate safety guards for operation by employees. These liability issues bring about the possible violation by NewCorp, of regulatory and compliance requirements established by the Occupational Safety and Health Administration (OSHA).
NewCorp may be sued in court by Paul for Workmans Compensation (damages for employment- related injuries) if NewCorp, “does not carry workers compensation insurance or does not self –insure if permitted to do so” (Cheeseman H,R (2010)). However, if NewCorp is self-insured, or providing workers compensation insurance, Paul must then first follow through with appropriate administrative procedures maintained by Workers Compensation Acts. “First, the injured worker files a claim with the appropriate state government agency (often called the Workers Compensation board or Commission). Next, that entity determines the legitimacy of the claim” (Cheeseman H,R (2010)). If it is determined that Pauls injuries are a direct result from his employment/work environment, Paul may receive compensation benefit amounts which are paid to pre-established limits maintained by regulation or statue.
Next, it is explained that (OSHA) was called by Paul to follow up with is claim. According to (OSHA), there are General as well as Specific Duty Standards which establishes safety requirements