Discuss the below:
Topic 1: Choosing Between Tort Concepts
The lawyer must decide whether an injury suffered by an employee was the result of a work related incident. Standard negligence has some defenses available that are not always applicable in workers' compensation claims. Lawyers, whether a plaintiff or a defense lawyer, must consider the defenses to a claim to be successful.
Answer the following questions:
What is the difference between contributory negligence and assumption of risk?
Which do you think is harsher on the employer? Why?
Which do you think is harsher on the employee? Why?
Do either of these tort concepts have a place in modern compensation law?
Support your answers with appropriate reasons and examples.
Topic 2: The Two Types of Loss
Claims for damages are particularly difficult since the law allows for some damages while there are limits on or elimination of others. Likewise, some losses can be covered by different policies; so understanding the type of loss is important.
Answer the following questions:
What is the difference between medical and wage loss?
Which system provides a closer fit to the living expenses an injured worker may require? Why?
Provide reasons and examples in support of your answers.