The Law and Occupational Injury, Disease, and Death

The Law and Occupational Injury, Disease, and Death cover

The Law and Occupational Injury, Disease, and Death

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Description

With more than 11,000 deaths and over two million injuries and diseases attributed to workplace-related hazards each year, the prevention of injuries, death, and disease in the workplace has been of increasing concern to lawyers, labor unions, government officials, insurance companies, and legal scholars. In this volume, noted legal specialist Warren Freedman presents both a comprehensive exposition of common workplace hazards and a detailed survey of the applicable statutes, case law, and court decisions that have developed in this growing field of litigation and regulation. The author treats in depth key issues such as how to identify specific exposures in the workplace, the problem of drug testing, the roles of involved parties, and theories of liability. Practicing attorneys, government policy-makers, and union executives will find this an indispensable resource when dealing with the complexities that surround claims and regulation in this area.

Following an introductory overview, Freedman examines the recognition of workplace-caused disability, the payment of benefits, and the rehabilitation experience. He then turns to a discussion of specific exposures encountered in the workplace including cancer risks, chemicals, acid rain and other pollutants, radiation, smoking, repetitive trauma, and others. Alcoholism and drugs in the workplace receive extended coverage in two chapters that address central questions such as product liability and alcoholism, pinpointing criminal responsibility, and the constitutionality of drug testing. Turning to an examination of the individuals involved in occupational injury, disease, or death suits, Freedman explores the roles of the plaintiff-claimant and his or her family, the defendant employer, and third parties who may become part of a court action--the government, product manufacturers, technical experts, OSHA, insurance companies, and others. Subsequent chapters discuss theories of liability and remedies, defense of employees' claims, procedural aspects of litigation, and the effects of particular cases and statutes.

Table of Contents

Introduction to Injury, Disease, and Death in the Workplace
Recognition of Occupational Injury, Disease, or Death
Identification of Specific Exposures in the Workplace
Alcoholism in the Workplace
Drug-Testing in the Workplace
Roles of the Parties in Occupational Injury, Disease, or Death
Theories of Liability and Remedies
Defenses to Employee's Claim
Some Procedural and Other Aspects of Litigation
Miscellaneous Occupational Injuries, Diseases, or Deaths and Their Problems
Index to Cases

Product details

Published Jan 22 1990
Format Hardback
Edition 1st
Extent 199
ISBN 9780899304106
Imprint Praeger
Dimensions 235 x 156 mm
Publisher Bloomsbury Publishing

About the contributors

Author

Warren Freedman

WARREN FREEDMAN, a member of the New York, Federal…

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