No, workers comp is exactly for this kind of thing. The deal is that workers get paid for injuries on the job regardless of fault in exchange for a simpler calculation of how much they get.
Before worker’s comp, it was very common for employers to claim the defenses of contributory negligence (the worker was doing something wrong), fellow servant doctrine (another worker was doing something wrong), or assumption of risk (cmon, he knew it was dangerous when he took the job). Those defenses are no longer available in workers comp cases, so payment is a bit more straightforward.
“He put himself in harm’s way.” He won’t get shit. Disney will also sue the person who filmed the copyrighted performance.
No, workers comp is exactly for this kind of thing. The deal is that workers get paid for injuries on the job regardless of fault in exchange for a simpler calculation of how much they get.
Before worker’s comp, it was very common for employers to claim the defenses of contributory negligence (the worker was doing something wrong), fellow servant doctrine (another worker was doing something wrong), or assumption of risk (cmon, he knew it was dangerous when he took the job). Those defenses are no longer available in workers comp cases, so payment is a bit more straightforward.