Assignment: In the attacks on the World Trade Center alone on September 11th, 20

Question

Assignment:

In the attacks on the World Trade Center alone on September 11th, 2001, there were 2,606 deaths, and over 6,000 injuries. Assume a worker is injured as she is escaping from the building before the collapse.

1) Would she be able to file a worker's compensation claim for a job-related injury due to terrorist attacks?

2) Are terrorist attacks foreseeable by businesses operating in tall buildings?

3) What of the victims of the San Bernadino attacks in 2015, are those workers eligible for worker's compensation?

4) Would the employee be able to sue her employer because of their failure to provide adequate safeguards for a terrorist or mass shooting?

Keep the following in mind when drafting your essay:

1) Proper APA format MUST be used.

2) Write the essay in a manner where it is clear you understand the concept. Repeating concepts from the text does not illustrate to me that you understand the material. The best essays will include an example or illustration of the concept discussed.

Explanation / Answer

Employers are legally obligated to take reasonable care to assure that their workplaces are safe. Nevertheless, accidents happen. When they do, workers compensation insurance provides coverage.

Workers compensation systems are established by statutes in each state. State laws and court decisions control the program in that state and no two states have exactly the same laws and regulations. States determine such features as the amount of benefits to which an employee is entitled, what impairments and injuries are covered, how impairments are to be evaluated and how medical care is to be delivered. In addition, states dictate whether workers compensation insurance is provided by state-run agencies and by private insurance companies or by the state alone.

As the cited employee was on the job at the time of attack, so the injuries she got during that period irrespective of personal safety can be claimed from the employer. Moreover the said attack was for the general and thus a particular company can't be sued against this as the risk management factor in terms of employee insurance against such kinds of risks can be mitigated through third party employee insurance providers.

Terrorist attacks aren't confined to tall buildings only. It can be done anywhere where they find proper to terrorise. It had been seen in Malls, Pubs, Shootouts, Bombs, Aeroplanes,etc.So to say that terrorist attack on Twin Towers was because of being tall in structues is not proper in this context.

On December 2, 2015, 14 people were killed and 22 others were seriously injured in a terrorist attack consisting of a mass shooting and an attempted bombing at the Inland Regional Center in San Bernardino, California.On the one-year anniversary of the attack, it was reported that a number of survivors were accusing San Bernardino County of cutting off support for them. This included a lack of access to counseling or antidepressant medication, the injured attempting to get surgeries approved and physical therapy covered, a lack of assistance in dealing with a complex compensation workers' program, and health insurers refusing to cover injuries because they occurred during an act of workplace violence. A county spokesman denied the accusations and said, "The county is, and always has been, committed to ensuring our employees get all the care they need.

Employers can not be sued against any terrorist attacks as they are political in nature. It is duty of the state authorities to provide laws in safeguarding the interests of companies and organisations under these terrorist attacks. Howover the legislation requires that employers in both the private and public sectors take immediate action in the event an employee is injured in an act of terrorism. It is a state of emergency.

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