Legal aspects of workers’ compensation

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Court decisions on Illinois insurance law regarding interplay between workers compensation and general liability policies including Kotecki waivers.

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Legal Aspects of Workers’ Compensation; Employer Liability; and General Liability

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The proliferation of whistleblower retaliation and reward laws has created a complex maze of claims and remedies. This panel of plaintiff attorneys will examine issues that frequently arise in whistleblower cases including: Identifying whistleblower rewards claims and formulating a strategy to maximize damages Litigating non-intervened FCA cases The scope of protected conduct under the False Claims Act, the Sarbanes-Oxley Act and the Dodd-Frank Act Preserving retaliation claims while pursuing reward claims Trends in jury verdicts in federal and state whistleblower litigation and practice tips for litigating and trying whistleblower retaliation claims Key procedural distinctions between SOX, FCA and Dodd-Frank whistleblower protection

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1 Key Concept 9: Understand the differences between compensatory and punitive damages1 A. Torts 1. Compensatory and Punitive Damages Tort law involves civil liability between private parties. A plaintiff who wins a tort suit usually recovers the actual damages or compensatory damages that she suffered because of the tort. Depending on the facts of the case, these damages may be for direct and immediate harms, such as physical injuries, medical expenses, and lost pay and benefits, or for harms as intangible as loss of privacy, injury to reputation, and emotional distress. In cases where the defendant’s behavior is particularly bad, injured victims may also be able to recover punitive damages. Punitive damages are not intended to compensate tort victims for their losses. Instead, they are designed to punish flagrant wrongdoers and to deter them and others from engaging in similar conduct in the future. Theoretically, therefore, punitive damages are reserved for the worst kinds of wrongdoing. Punitive damages have always been controversial, but they have grown more so in recent years due to the size of some punitive damage awards and the perception that juries are awarding them in situations where they are not justified. 2. Negligence Defenses The common law traditionally recognized two defenses to negligence: contributory negligence and assumption of risk. In many states, however, one or both of these traditional defenses has been superseded by new defenses called comparative negligence and comparative fault. Contributory negligence is the plaintiff’s failure to exercise reasonable care for her own safety. Where it still applies, contributory negligence is a complete defense for the defendant if it is a substantial factor in producing the plaintiff’s injury. Traditionally, even a minor failure to exercise reasonable care for one’s own safety, only a slight departure from the standard of reasonable self-protectiveness, gave the defendant a complete contributory negligence defense. For example, the rule may prevent slightly negligent plaintiffs from recovering any compensation for their losses, while only marginally more careful plaintiffs get a full recovery. In response to [complaints of its harsh impact on most plaintiffs], most of the states have adopted comparative negligence systems either by statute or by judicial decision. The details of these systems vary, but the principle underlying them is essentially the same: Courts seek to determine the relative negligence of the parties and award damages in proportion to the degree of negligence determined. The formula is: 1 Excerpts taken from Jane P. Mallor, et al., Business Law and the Regulatory Environment (11th ed. 2001). 2 Plaintiffs recovery = Defendant’s percentage share of the negligence causing the injury multiplied by Plaintiff’s provable damages. ...

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CHAPTER 20 Employment Law and Worker Protection Washington DC Federal and state laws provide workers’ compensation and occupational safety laws to protect workers in the United States. Learning Objectives After studying this chapter, you should be able to: 1. Explain how state workers’ compensation programs work and describe the benefits available. 2. Describe employers’ duty to provide safe working conditions under the Occupational Safety and Health Act. 3. Describe the minimum wage and overtime pay rules of the Fair Labor Standards Act. 4. Describe the protections afforded by the Family and Medical Leave Act. 5. Describe unemployment insurance and Social Security. Chapter Outline 1. Introduction to Employment Law and Worker Protection 2. Workers’ Compensation 1. Case 20.1 • Kelley v. Coca-Cola Enterprises, Inc. 3. Occupational Safety 1. Case 20.2 • R. Williams Construction Company v. Occupational Safety and Health Review Commission 4. Fair Labor Standards Act 1. Case 20.3 U.S. SUPREME COURT Case • IBP, Inc. v. Alvarez 5. Family and Medical Leave Act 6. Consolidated Omnibus Budget Reconciliation Act and Employee Retirement Income Security Act 7. Government Programs “ It is difficult to imagine any grounds, other than our own personal economic predilections, for saying that the contract of employment is any the less an appropriate subject of legislation than are scores of others, in dealing with which this Court has held that legislatures may curtail individual freedom in the public interest.” —Stone, Justice Dissenting opinion, Morehead v. New York (1936) Introduction to Employment Law and Worker Protection Generally, the employer–employee relationship is subject to the common law of contracts and agency law. This relationship is also highly regulated by federal and state governments that have enacted myriad laws that protect workers from unsafe working conditions, require employers to provide workers’ compensation to employers injured on the job, prohibit child labor, require minimum wages and overtime pay to be paid to workers, require employers to provide time off to employees with certain family and medical emergencies, and provide other employee protections and rights. Poorly paid labor is inefficient labor, the world over. Henry George This chapter discusses employment law, workers’ compensation, occupational safety, pay and hour rules, and other laws affecting employment. Workers’ Compensation Many types of employment are dangerous, and many workers are injured on the job each year. Under common law, employees who were injured on the job could sue their employers for negligence. This time-consuming process placed the employee at odds with his or her employer. In addition, there was no guarantee that the employee would win the case. Ultimately, many injured workers—or the heirs of deceased workers—were left uncompensated. Workers’ compensation acts were enacted by states in response to the unfairness of that result. These acts crea.

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