OSHA Recordkeeping and Workers' Compensation

  • Historical Legal Doctrines Governing Occupational Injuries:

    • Assumption of Risk: An employee's injury was considered their own fault because they knowingly entered an industry with inherent hazards.

    • Fellow Servant Rule: The employer was not held responsible if an accident was caused by another employee.

    • Contributory Negligence: If the injured person was found to have hurt themselves, the employer was not at fault.

  • Evolution to Workers' Compensation (Workman's Comp / Workers' Comp):

    • These historical laws often forced injured workers to sue their employers for compensation.

    • Lawsuits were unpredictable (civil cases, jury-awarded money), creating uncertainty for both parties.

    • Agreement: Employers agreed to offer