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This title was first published in 2002.This book offers an intriguing examination of the law concerning liability for psychiatric injury suffered by employees in the workplace. Included among these are employees confronting the risk of death or injury in the course of their normal employment, such as police or fire-fighters, those confronting death or injury out of their ordinary course of employment, such as accidents at work, and those possibly exposed to health-threatening circumstances, such as dust in the workplace. Also considered are employees who suffer mental health problems resulting from environmental factors, such as bullying, overwork and disciplinary measures. The amount of damages recovered in such actions can be substantial and this book examines the extent of the employer’s liability, as well as providing a psychiatric medicine perspective and a detailed analysis of the current state of the law in England, Wales and Australia.
This large-scale comparative study analyses the two principal mechanisms employed in modern legal systems to deal with the social problem of occupational illness and injury, namely, employers' liability and workers' compensation. It provides a detailed description of the systems in operation in twelve countries around the world, investigating the complex legal structures and the interaction with other social institutions, as well as their inter-jurisdictional coordination through private international law. Current international trends are identified and assessed and the fundamental political issues highlighted and explored. The study's ultimate goals are not only descriptive but also to answer the question of how compensation and liability systems can best be adapted to meet society's needs in the 21st century. The countries covered are: Australia (Mark Lunney), Austria (Ernst Karner/Felix Kernbichler), Denmark (Vibe Ulfbeck), England and Wales (Richard Lewis), France (Florence G'Sell/Isabelle Veillard), Germany (Raimund Waltermann), Italy (Alessandro P Scarso/Massimo Foglia), Japan (Keizo Yamamoto/Tomohiro Yoshimasa), the Netherlands (Siewert D Lindenbergh), Poland (Domenika Dörre-Nowak), Romania (Christian Alunaru/Lucian Bojin) and the United States of America (Michael D Green/Daniel S Murdock). The book is completed by three concluding essays that address general themes: Thomas Thiede, The European Coordination of Employers' Liability and Workers' Compensation Ken Oliphant, The Changing Landscape of Work Injury Claims: Challenges for Employers' Liability and Workers' Compensation Gerhard Wagner, New Perspectives on Employers' Liability - Basic Policy Issues
Stress at work has become the second biggest cause of work-place absence. Employees now increasingly seek legal remedies for psychiatric injury at work and employers face cost and risk. This practitioner's guide examines the problem of psychiatric injury at work and the overlapping rights in employment law and personal injury law. Compensation for Stress at Work begins with an examination of the common law principles clarified by the Court of Appeal in Hatton v Sutherland, and developed in subsequent case law, followed by statutory liability for harassment and then goes on to look at the causes of action available in the employment tribunal. There then follows analysis of how the principles of foreseeability and causation operate in each type of action, what remedies are available to claimants, the limitation periods for such cases and how this operates where there are overlapping claims. The work concludes with more practical chapters on cost and funding, sick pay and permanent health insurance, and tactics in practice. Expertly drafted precedent material is provided in the appendices, including model client letters, CFA agreements, compromise agreements and Tomlin order.
Employer liability is a thorny legal issue that can have serious consequences for both workers and businesses. Beven's authoritative study of this topic provides much-needed clarity and guidance for anyone working in this area of law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Although workplace violence cannot be eradicated, employers can take steps to prevent the likelihood of a violent incident, and to better manage the aftermath if one does occur. This book is a practical guide for those charged with addressing workplace violence concerns either on behalf of their employer or their client. The contributing authors represent a variety of experiences and opinions, including mental health clinicians, security experts, workplace safety researchers and practitioners, and lawyers and provide valuable information and advice on: The problem of workplace violence and the different forms it takes, The underlying psychological factors that may prompt someone to act out violently, Potential legal issues, such as employer liability or due process rights of public employees, Tools available to employers to avert or reduce the likelihood of an incident. Book jacket.
Munkman is the leading authority and the most comprehensive and analytical text in its field. It is the ideal companion to Redgrave’s Health and Safety.Now in its 16th edition, Munkman has been brought fully up-to-date and takes into account such recent changes as the emerging areas of personal injury and stress, introducing new chapters on Assaults at Work and Occupational Cancer.