Employer’s Duty of Care

This paper explores the relationship between the employer’s duty of care and Workers Compensation. The publications all agree with their definitions and uses of Workers Compensation and employer’s duty of care. The Employer is required to carry worker's compensation. As workers compensation is wage replacement and a medical program for the workers whose injury is work related, Jake is entitled to workers compensation as the injury to his thumb is work related and was within his scope of employment.

Explain whether Jake’s actions are in or out of “his scope of employment.”

Jake’s actions are in his scope of employment as he is employed as the dealerships certified auto mechanic. Herman, the employer, required Jake to be responsible for the customers free oil changes, and Jake also checked for the basics…brakes, tires, and transmission that was within his scope of employment that includes all the duties that an auto mechanic serves, such as car maintenance and repairs. “The scope of employment of a person refers to all duties they are tasked with performing in the course of their job. By default, this includes all activities outlined in that person’s working contract, through the broad and flexible definition of the term can lead to many additional tasks being flagged as falling under one’s scope of employment.” (What is the Scope of Employment, www.brainz.org)

Explain whether or not Herman is responsible for Jake’s injury.

Herman is responsible for Jake’s injuries to his thumb as this occurred in the workplace and was within his scope of employment. Due to Jake’s thumb being injured at work, he is able to use the Workers Compensation Program. “The worker’s compensation is a program under which employers are required to make payments to employees who are injured during the course of their employment, regardless of negligence or fault.” (Law and Ethics in the Business Environment, 2010, p.376)

The Occupational Safety and...