Aspect of the law and engineering Research Paper

Aspect of the equity and engineering - Research Paper ExampleIn civil engineering, there are frequent racing shells where injuries are borne by the employees (being the workers) receivable to industrial accidents and other such hazards related to the edifice of various projects2. Prior to workers compensation, an employer was held to several narrowly defined duties of care for the protection of his employees (Mitchelle, 1976). The employers seldom received their due after having borne the injuries mainly because of the unfortunate prevalence of the doctrine of contributory negligence, the fellow-servant rule and voluntary assumption of the risk in the common law countries. In order to tackle this discriminatory issue of industrial liability in skid of injured employees, the concept of Workmens Compensation was introduced. It is now pop in many countries namely the United States of America, Brazil, Germany, India, UK etc. In the United States of America, the Workmens Compensati on laws are created differently by various states however the basics of all the acts remain the same. There are a number of characteristic properties that are common in all the laws of Workmens Compensation (a) automatic entitlement of the employer to compensation in case of personal injury borne due to an industrial accident (b) Employees contributory negligence or employers freedom from the fault does non lessen the formers rights (c) Only employees are covered and not independent contractors (d) Cash benefits, Medical expenses etc. are provided and benefits for dependents are counted in case of death of the employee (however maximum and minimum are imposed) (e) the employee or his dependents forfeit the right to personally sue the employer for the loss (f) Right to sue third persons in case of negligence on their part prevails (subject to conditions) (g) administration is in the hands of administrative commissions (h) the employer is required to secure his liability through pri vate insurance etc. so that the liability of compensation passes to the consumer in the price of the product (Larson, 1952). Initially a few problems were recognized in the U.S. regarding the Workers Compensation as seemingly it disregarded the Fourteenth Amendments prohibition against taking of property without due process of law and deprived both parties of the freedom of contract. This problem was resolved by the New York Workmens Compensation Act of 1916 after the famous case of New York Central Railroad Company v White3. The specific laws which deal with construction safety hazards in the U.S. are administered by governing regulatory body called Occupational Safety and health Administration (OSHA)4. Under the Occupational Safety and Health Administration, the employers have the responsibility to provide a safe workplace to their employees. The Occupational Safety and Health Act of 1970 has defined certain responsibilities for the employers and also has defined penalties in ca se of violation of the duties5. In order to start a construction or even before entering a contract, an engineer has to keep in mind all the legal aspects of workmens compensation. Even though the Engineer may cover up his costs by ultimately shifting it to the guest in form of price of the product, he has to initially formalize the insurance for his employees. In case the engineer