Reference no: EM133107783

Injured worker

John Morrison had been working as a welder for TSW Welding for 7 years. John was a valued employee at the small family run business. He was a problem solver, willing work to extra hours in order to ensure customers received their orders on time. His quality of work was excellent and the company regularly generated repeat business and referrals based on his work. Heavy lifting was part of his duties on a daily basis. The company had trained all workers on how to lift heavy weights and had clear guidelines on what weights an employee should seek extra help to lift. The employer even posted reminder signs beside heavy materials warning employees not to lift them on their own and to seek help. Materials were neatly organised in the warehouse on a variety of shelving and racks. The employer regularly inspected the premises and equipment for any faulty equipment or health and safety hazards. Late one afternoon, just after most people had left for the day, John was still working ensuring an order was completed. On going to the warehouse to get materials, John lifted some light material off a shelf. As he turned and left, a clip that was holding some heavy duty piping gave way. The pipes fell on John and on his back. The thunderous noise was heard all the way up in the front office. Luckily the boss was still on site. He ran to the back and found John trapped under some heavy pipes and called for emergency medical help. The doctors didn't give much hope of John being about to walk again. After multiple surgeries and rehabilitation, John did recover the use of his legs (although they are weak. Unfortunately he will now suffer chronic pain in his back for the rest of life and have difficulty lifting any significant weight or sitting for long periods of time.

1.  List duties of a worker like John, under the health and safety act.

2. Do you believe that the employer showed due diligence in this case? Give reasons for your answer.

3. List and explain five general rules that impact on the eligibility of WSIA benefit claim?

4. Will this worker be eligible to make a claim? explain 2 reasons for  your answer

5. List and explain the different type of benefits this worker could received as a result of the accident.

6. What are the three principles of accommodation outlined in the law?

7. What must TSW Welding do in order to accommodate a worker's injury, like John.

8.  What are the John's obligations as he seeks accommodation from his employer under the human rights act?

9. What is alternative work? What possible alternative work could  TSW Welding  offer  to the employee in this case?

10. Explain when an  employer, like TSW Welding. will reach a point of undue hardship.

11.  In your opinion do you expect the TSW Welding to reach a point of undue hardship in this case with John's injury? Give reasons for your answer.