General
Duty
Standards
Standards that apply to all employers and that impose
a duty to protect workers from known hazards
Standards pertaining to indoor air
quality and workplace violence
Table 9.1
Workers’ Compensation Acts help employees claim compensation for injuries that occur on the job. States
require employers to either purchase workers’ compensation insurance, or have the ability to self-insure
against compensation claims. Workers’ compensation insurance covers a range of different injuries, including
physical injuries, mental illnesses that can be shown to be employment-related, and stress.
Under the terms of the Acts, a Workers’ Compensation Agency is established at the state level to provide
judicial and administrative services to help in the resolution of claims for compensation. In the event of a
claim, a three-step process is put into place:
1.
The worker files a claim with the agency.
2.
The agency establishes the legitimacy of the claim.
3.
If the injury is determined to be legitimate, compensation benefits are paid accordingly.
It is important to note that workers’ compensation is understood to be an exclusive remedy. This term means
that workers cannot sue the employer in court for further damages beyond that which is paid out under the
compensation claim. An exception is made when the employer intentionally injures the worker, however.
Furthermore, workers have the right to sue any third party involved in the cause of the injury to recover
additional damages.
Case Insight
In the case Chad A. Kelley v. Marsha P. Ryan, Administrator, Ohio Bureau of Workers’ Compensation, and Coca-
Cola Enterprises, Chad A. Kelley attended a team-building event held by his employer, Coca-Cola, to celebrate
the launch of a new product. All employees attending the event were required to canoe down a river, which
Kelley, with colleagues, achieved without incident. Employees waiting on the river bank began to splash one
another, and according to witnesses, Kelley said that it would take more than some splashing to get him wet.
Consequently, several colleagues tried to throw Kelley into the water, which led him to sustain neck injuries.
The Ohio Bureau of Workers’ Compensation denied Kelley’s claim for benefits, however, arguing that Kelley
had instigated “horseplay” that removed the incident from the scope and course of employment. In 2009, an
appellate court ruled that this conclusion was incorrect and that the employer was, in fact, responsible. Kelley
was entitled to the compensation.
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) sets out provisions that delineate fair labor and unfair labor. There are
three main categories covered in the Act:
1.
Child labor
2.
Minimum wage provisions
3.
Overtime pay requirements
The FLSA prohibits oppressive child labor as well as the shipping of goods produced by firms that make use of
Chapter 9 Employment and Labor Law
99