A . Discuss the rights of an injured employee against her employer under common law. b. How have workers' compensation acts changed this? Explain your answer
a . Common law provides that an injured employee can sue her employer for injuries that occurred on the job. Common law defenses included conributory negligence, voluntary assumption of risk, and the fellow servant rule.
b. Under workers' compensation acts, employees are automatically compensated for injuries they sustain within the scope of employment regardless of who was at fault in causing the injury. In return for the coverage provided by the mandatory insurance against such injuries that employers must carry on employees, the employee's right to sue was taken away. The only issues now litigated under workers' compensation acts are whether the injury occurred during the scope of employment and the seriousness of the injury. The issue of employer or employee negligence is not considered. The basis of recovery is strict liability, and common law defenses are not available.
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