Bengal Power Company is subject to mandatory workers\' compensation laws in the

Question

Bengal Power Company is subject to mandatory workers' compensation laws in the states in which it does business. Chad and Terrell work for Bengal as part of a crew that travels to remote locations to repair downed power lines and other damaged equipment. At a distant site, Chad is injured in an accident that is entirely Terrell's fault. Chad files a claim for workers' compensation.

A) Should the claim be granted? Explain thoroughly.

B) What would be Bengal's best defense against it? Explain thoroughly.

Explanation / Answer

Under the doctrine of tort immunity applicable to workers compensation, employers who are subject to mandatory workers compensation laws are granted absolute immunity for any wrongful injury suffered by an employee within the scope of employment, in exchange for the employer being subject to strict liability.

Here, both Doug and Beth are employees of Aurora, and Beth is injured by Doug's acts or omissions. The fact that Doug is at fault for Beth's injury is irrelevant to Aurora's liability, because Aurora is strictly liable "without fault."

Aurora's only defense would be that the injury was sustained during non-work hours, because injuries suffered during personal time are not within the scope of employment. There are no facts available to show when the injury took place, however, even if it were at a distant site, Aurora is liable, as long as the injury occurred within the scope of Beth's employment.

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