Worker's compensation Case Study Example | Topics and Well Written Essays - 750 words

Workers fee - Case Study poserThe workers compensation law favors workers case and employers feel cheated as the law does not allow them any leverage. The amendments in the law have given it more teeth, allowing employers to contest and put their case for fairer judgment.Spurlock asserts that employers spend considerable substance of money in promoting safety measures including training of employees, providing safety devices and even conducting drug and alcohol testing for study safety. Thus, they have legitimate reasons to get upset when the workers are awarded compensation unfairly as the injury occurs referable workers violation of safety rules. He has analyzed safety screw up defenses in the three states so that insurers and employers ignore anticipate the essential issues while raising the safety misconduct defense. In Kentucky, workers compensation statutory favors workers case and provides 15% reduction in compensation if the worker had failed to utilize the safety appl iances or overlooked safety rules. Intoxication must be the primary proximate cause and employees culpability must prove willful misconduct in order to strengthen the case of employers.Safety misconduct in Indiana provides complete affirmative defense for failing to use safety devices or conform safety rules. It also incorporates employees intoxication but does not emphasize on it being primary proximate cause and refers to knowing of the rules. In Tennessee, the statute provides complete affirmative defense for intoxication, drug use or willful violation of safety rules. But it is silent on obeying safety rules pertaining to the use of safety devices and Tennessees courts have not found the non usage of safety devices as willful misconduct. In both the states, there is subtle importance that is placed on the proximate cause, especially in cases of intoxication for awarding or denying compensation to the workers.Spurlock article has analyzed multiple cases of workers