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June 26, 2013

Essay on Employer's Duty of Care and Issues of Compensation

Previously called the "workman's comp" for short, the term was changed to the more politically correct term without gender discrimination. The workers' compensation insurance, in essence, is a program mandated by law, which protects employees s if they become ill or injured while doing their duties in the workplace. In some cases, workers’ compensation also pays damages to the family of a worker if the employee is incapable of long-term job or mortally wounded. The illnesses that are compensated include work injury, occupational disease or occupational hearing loss that occurred during work time. Benefits are payable regardless as to who is at fault.
Each state has its own adaptation of workers' compensation laws and state laws regulating the responsibility of the employer to the employee. State law also specifies the types of injuries and diseases of the shares and the type of award the victim can be expected to have. The federal law applies only to federal employees or persons engaged in interstate commerce. Accident Compensation covers things such as work-related illness, falls and other accidents in the workplace, but also includes damage to company employees outside of work in certain circumstances. For example, if the employee were required to transport supplies such as job function, injuries suffered in the creation of the offer would probably be covered under workers compensation.
Unfortunately, it is rare that employers put some policy on their own as in many cases; workers have to struggle against the long, hard battle to receive workers' compensation to which they have the right. If a person has incurred any permanent damage during the work and the employer fails to provide sufficient compensation for him, he may have to hire a lawyer to get his right. Many workers' compensation lawyers provide free initial consultations, and most do not charge unless they receive compensation.   
1.      Explain whether Jake’s actions are in or out of “his scope of employment.”
Scope of employment refers to something being done in the normal course of doing their job. For determining the action in the employment relationship the scope of employment can be very important in a legal context. These rights can be significantly affected when the employee’s actions are taken under consideration in the workplace.  
The scope of employment has a somewhat broader definition. Generally, if an action is performed in a normal job duty, it is considered as being in employment or occupation description. If a person is asked to do an action by his/her employer, the action is also considered in the context of employment, even if it is not in his normal range of duties.
When Jake was asked to do an unusually large amount of oil change as a free offer he complied with the company as it is the employee is bound to carry out the employer’s command. Jake also looked into the other areas of problem like brake, transmission and tires. Even though his boss Herman thought that he did not need to do a thorough job his actions were still under his scope of employment.
 2.      Explain whether or not Herman is responsible for Jake’s injury.
While performing his duty of giving a free oil change as a part of company’s promotion policy, Jake got his thumb injured as he his workload had increased because of the offer. But as Jake has already been described as an arthritis patient who already has some health problems and low stamina because of his age, it cannot be said that Herman is responsible for Jake’s injury. Additionally as the workers are protected by the Insurance policy, Jake is entitled to be paid the compensation by the employer that is Herman. So as the state and federal laws guard the rights of employees from the danger of incurring any kind of accident and injury while doing a task assigned to them in their workplace in the form of receiving a recovery of compensation, this compensation also depends on the reciprocal relationship between the employer and the employee and the reason of the injury also counts here; whether it is accidental or intentionally for the payment of compensation.
 3.      Explain whether or not Jake should be paid the overtime.
            According to the Fair Labor Standards Act of 1938 a member of staff is entitled for overtime payment which should be of one and a half times more than the regular payment, when he works more than the scheduled time of 40 hours per week. Additionally he has to be a non- exempt employee of the company, who enjoys a salary and all the benefits with it.
But we see that Herman disagrees with Jake as he thinks that Jake being a part of Rally management team is exempted from this overtime law, but according to the Labor Standards Act as Jake is a permanent employee who gets all the benefits and salary instead of a commission he is a non-exempt employee who is bound to have an over time if he works more than 4o hours a week. As according to this act an exempt employee is one who works on commission and has the responsibility of outside sale. As Jake works as a permanent employee at the garage on the cars, he is qualified to be called a no-exempt employee and is therefore has the right to his overtime profit.
 4.      Explain the rights Jake and Herman have individually in this scenario
            Jake being an employee who has been asked to put in extra working hours and who has been injured while performing his task in the work place is entitled to have overtime compensation as well as worker’s compensation. On the other hand it is perfectly legitimate for Herman to ask Jake to stop the work slowdown which was becoming a burden for him. For that Jake should comply with the employer and try to speed up his work but as he is doing extra work and spending extra time in the work place Herman should also comply with the law and pay him the overtime he deserves. So it can be said that when Herman asked Jake to complete his work on time as it was obligatory for him, he was not wrong. Therefore Jake must abide with Herman’s command as he is accountable to his customers for the quality and the on time job. Similarly protected and healthy working situation is Jake’s right as an employee and the injuries suffered during the work, and that overtime is paid by the employer as it is the employee’s right. In addition to all this transportation, cordial relations, environmental review and free of pressure atmosphere for the employee are a privilege of each employee. Herman should provide all this to Jake to get a better performance.
Additionally it should be noted that the employer must keep a record of all work on injuries reported by an employee that has resulted in an inability to more than one day. If the disability is longer than three days, he or his insurer must file a form with the Commissioner of Workers' Compensation. If the injury results in permanent disability, partial disability or death compensation commissioner of employee must be informed. These reports can be used in any trial or hearing of the Court.

The Act is quite specific about the failure to report injuries and a worker can be fined one thousand dollars for each occurrence. All payments to an employee must also be reported to the commission. Payments to an employee cannot be terminated unless the employee returns to work or a settlement was reached.

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