Employer liability

Workers Compensation Act -- Statutes that in general establish Liability of an employer for injuries or sicknesses that arise out of and in the course of employment. The liability is created without regard to the fault or Negligence of the employer. Benefits generally include hospital and other medical payments and compensation for loss of income. If the injury is covered by the statute, compensation thereunder will be the employee's only remedy against his employer.

These statutes have had the effect of abolishing the notion that the hazards of a particular job or workplace are voluntarily encountered by the employee by virtue of his or her agreement to work there, and thus could not give rise to liability for negligence on the part of the employer. See 132 A. 2d 505, 511. Also contrary to the common law rule, the employer is generally not exempt from liability under these statutes when the injury is caused by the negligence of a fellow-servant. See Prosser, supra, at 568-80.



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