Post by Hockeynutville on Dec 3, 2009 14:05:01 GMT -5
First Tort Reform Act
A resolution to develop industry around the world.
A resolution to develop industry around the world.
Category: Advancement of Industry
Area of Effect: Tort Reform
Proposed by: A mean old man
Description: The World Assembly,
ADDRESSING the lack of any current attempt by the WA to define what a worker may or may not have legal justification to press charges against his/her employer(s) for;
AWARE of the potential detrimental effects on international trade caused by the fiscal damage of certain businesses due to frivolous lawsuits;
DESIRING the prevention of said damage to businesses in order to keep individual nations' economies stable and the prevention of any possible damage to international trade due to the damage of these businesses, therefore desiring the preservation of a stable international economy;
AFFIRMING that, to promote stable economic progression and prevent disruptions and excessive fiscal damage to businesses by lawsuits while also defining the rights of the employed, the World Assembly will initiate the First Tort Reform Act: this act will identify which damages to employees businesses must claim liability for and which they are exempt from compensating and/or claiming legal responsibility for;
DEFINES, as pertaining to this resolution, an employee as any individual who performs a task or tasks for compensation (by their employer) that is not self employed, employed in law enforcement, or in the military;
DEFINES, as pertaining to this resolution, a workplace as any location where an employee completes a task or tasks for compensation by their employer;
DECLARING that injury to a worker by another worker and not by an employer is not the legal responsibility of the employer or the business, but the legal responsibility of the worker at fault;
FURTHER DECLARING that personal injury caused in the workplace that is not caused proximately by items/equipment/facilities supplied by the employer is not the legal responsibility of the employer or the business;
HOWEVER DETERMINING that, if a worker was not properly trained through their employer to work with the items/equipment/facilities in their workplace supplied by their employer, and was injured as a result of this lack of training, then the employer will be held partially or entirely at fault;
ALLOWING national judicial systems the liberty to make their own decisions regarding whether training initiated by the employer would have been necessary for the equipment involved in the injury;
RECOMMENDING that businesses offer to their workers a waiver that defines any specific dangers that the employed may face during their employment, this waiver being limited to injury caused by any hazards that the employed may be exposed to if they do not properly use their provided protective gear, or injury that the employed may receive from items/equipment/facilities if the employed fails to complete the tasks assigned by their employer in the fashion that they have been trained to;
PROCLAIMING that, should the workers refuse to sign this waiver, the employers have grounds for not hiring them;
WARNING businesses that employing workers who have decided not to sign a waiver of this categorization leaves the employer responsible for any injury that may befall the employee in the workplace/on the job;
STATING that workers who have signed the waiver provided by their employers and are injured by the dangers identified by said waiver may not use this injury as a legal claim against their employer;
FURTHER RECOGNIZES that any future additional tort reform resolutions covering different legal areas are not restricted by this resolution.
