Common Law Doctrines In The Workplace

super C lawfulness and hazards in the work class in the 1880s Common law principles dealing with risk of exposure in the workplace onward the 1880s, states that an employer was obligated to domiciliate a safe work surroundings for their employees. As a result, employers who failed to provide their employees with a safe place to work were vulnerable to lawsuits. injure workers file these lawsuits siting a disclose of contract, but employers had a piece of strong defenses which the courts accredited; minimizing the liabilities for hurt workers of lawsuits that were filed. The first defence veritable by common law courts was that of contributory negligence with the recognise of causation. If it clear be turn up that it was the employees take negligence that contributed to the cause of the accident, then the employee would non be entitled to any(prenominal) recovery from the employer. Voluntary presumption of risk was the second defence that th e courts accepted to reject an employer liability. The doctrine provided that if employees were aware or ought to enjoin been aware of the hazards present in the workplace, then they were deemed to digest faux those risks as conditions of their employment and could non sue their employer for damages in the burden that an injury was subsequently caused by those hazards. (Tucker, 2002).

The fellow-servant doctrine, is the third defence accepted in the courts, it held that an employee could non recover damages from his employer where the accident has been, at least in part, caused by the action of a fellow worker, can be viewed as an extension of the voluntary ass! umption of risk doctrine. (Tucker, 2002). If an employee was injure by the action of one of their coworkers, then the liability would non fall on the employer. The common law doctrines I have outlined above gave the assumption that the relationship between workers and employers were tolerable at the time of they initially entered into contract with each other. They were seen as two parties equipped with...If you want to get a to the wax essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper