DOC PREVIEW
Mizzou HSP_MGMT 1133 - Labor Issues
Type Lecture Note
Pages 4

This preview shows page 1 out of 4 pages.

Save
View full document
View full document
Premium Document
Do you want full access? Go Premium and unlock all 4 pages.
Access to all documents
Download any document
Ad free experience
Premium Document
Do you want full access? Go Premium and unlock all 4 pages.
Access to all documents
Download any document
Ad free experience

Unformatted text preview:

Hosp. Mgmt 1133 1st Edition Lecture 36Outline of Last LectureI. UnionsII. Illegal immigration/employmentIII. Sexual harassmentIV. Pregnancy discrimination Outline of Current Lecture V. Workers CompVI. OSHAVII. Independent contractors vs employees Current lecture: Workers compensation--- History of law, Prior to WC, EEs injured on job had to file a civil lawsuit - Workers compensation laws- what an employee uses if they’ve been injured at work- Before this law an employee had to file a civil lawsuit, but this was changed about 100 years agoWC exists in all 50 states---Federally required but State administeredMissouri law- applies to businesses of 5 or more workers -Covers employees who have "accident" or “occupational disease” in the "course and scope of employment" Must be work related. Work related deaths covered.- Accident- "accident" as used in this chapter shall mean an unexpected traumatic event or unusual strain identifiable by time and place of occurrence and producing at the time objective symptoms of an injury caused by a specific event during a single work shift.- Occupational disease- "occupational disease" is hereby defined to mean, unless a different meaning is clearly indicated by the context, an identifiable disease arising with or without These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.human fault out of and in the course of the employment. Ordinary diseases of life to which the general public is exposed outside of the employment shall not be compensable, except where the diseases follow as an incident of an occupational disease as defined in this section. The disease need not to have been foreseen or expected but after its contraction it must appear to have had its origin in a risk connected with the employment and to have flowed from that sourceas a rational consequenceOff site injuries- you can get hurt away from the workplace but if work had something to do with it you can get workers comp coverage- Ex: man on a business trip in Chicago even though he is from STL, he slips at a hotel and injures himself, the workplace can still be liableOn site injuries- not all onsite injuries are covered- Ex: someone is working a shift and another person comes to their workplace to fight them because they had a quarrel- business is not liable for thisCommon hospitality/restaurant situations for WC liability- Examples: Burns, delivery driver gets shot at, slip and fall, strain yourself while lifting something, cut yourself on sharp equipment, carpel tunnel syndromeWhat is an employee entitled to under WC law?- Medical care to cure and relieve the injury- hospitalization, surgery, physical therapy, counseling, etco Employers gets to select the doctor- Future medical may be ordered- TTD- Temporary Total Disability payments- Weekly subsistence allowance that is 2/3 of average weekly pay; ideally this is for people who are just taking time off recovering from an injury- Permanent disability- a lump sum payment (once maximum medical improvement is reached) Computed according to a schedule that designates amounts allowed for particular injuries multiplied by a weekly rate. No jury, no pain and suffering.o Ex: someone loses an eye at work, what is this worth monetarily? Medical treatment, TTD during medical treatment, then the doctor can’t do anything else to save the eye so the person wants to collect permanently disability, the schedule say the eye is worth 160 weeks of compensation, for $300 a week, so the employee gets $48,000Exclusive remedy rule- says that workers comp is the exclusive remedy against the employer, they cannot sue the employer if workers comp is given to them from the injury- Who can the employee sue?(1) Fellow employee- if injured by a fellow worker you can sue that worker(2) Manufacturer of product- if injured by a product (3) Parent in a franchise or subsidiary situation- employee can sue franchiseGeneral rule in workers comp case- negligence is not relevant; the only relevant thing is did work cause the accident or not- If employer can prove that employee was drunk or under the influence, it can prevent workers comp from being paid to the employeeOSHA law—Federal law; virtually all private workplaces are covered- Occupational safety and health act- Does not cover governmental worksites Agency--------Rules-----------When inspect?- Rulebook states how businesses should deal with certain health/safety situations- They go out and do inspections:o If there is a death at the workplace or an injury to 5 or more peopleo If an employee has made a compliant under OSHAo Every three months they target specific types of businesses to go inspect- Must have a search warrant to inspect the business unless there was a death/injury to 5 or more peopleWhat employee remedies under OSHA?- Nothing—employees cannot file suit under OSHA, and cannot collect damages as a result of an OSHA inspection- Employee’s do have a right to keep their job after filing a compliant about the employerWhat general employer obligations are there under OSHA? - Employer should keep a log sheet for all work related injuries- Employer should have a first aid kit on site at all times- Employer should follow all of OSHA’s rulesIs a worker an Independent Contractor or an Employee?Example: a bar has karaoke every Tuesday, is the guy who comes in to run the karaoke show each week an independent contract or an employee?Independent contractor:Benefits- not entitled to work related benefits unless they are provided for in a contractCompensation- not subject to federal labor lawsVicarious liability- not vicariously liable for what in independent contractor doesTaxes? Regulations- you’re not paying any work related taxes on the independent contractorEmployeeBenefits- entitled to themCompensation- federal labor laws apply to the business so you have to pay the employee consistent with these lawsVicarious liability- business is vicariously liable for what the employee doesTaxes? Regulations- must pay all federal and state taxes for an employee- Must have a court or an agency decide if a person is an employee or an independent contractor- looks at who has the right to control how the work gets done; I.e, Independent contractors control how their own work gets done, employees are controlled by managers of the businessWhat is 1099 fraud? - Deals with misclassifying people as


View Full Document

Mizzou HSP_MGMT 1133 - Labor Issues

Type: Lecture Note
Pages: 4
Documents in this Course
Load more
Download Labor Issues
Our administrator received your request to download this document. We will send you the file to your email shortly.
Loading Unlocking...
Login

Join to view Labor Issues and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Labor Issues 2 2 and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?