Torts Law Assignment Sample

Introduction: Torts Law

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Issue

NSW law means the New South Wales act and the act passed by the government of New South Wales. The law helps to give someone legal information and valuable legal advice over the mobile phone. The most important thing is that the NSW law has access to free phone service.

Matilda was a worker at Tamidale NSW. Four days a week Matilda works at Steel INC. One day when Matilda works at Steel Inc then that time there was make an accident with Matilda’s welding. One of the fire sparks of Matilda’s welding was ignited on some products which were paper-based then it turns a fire accident. When the workplace was burning out this time Bazza came into the company Steel Inc and Bazza met an accident. Bazzas’ chest and arms were totally burned out. After several weeks Bazzas’ left arm was infected and doctors decided to do surgery on Bazza's left arm. The Tamidale NSW was denied paying any kind of damage charge to the Bazza. Bazza can take a legal step against the company of Steel Inc. 

Rule

The rules applied in that issue are the “Employers Liability Act of 1969” the act of “management of Health and Safety at work regulations of 1999” and also the act of “Work Health and Safety Act, of 2011”. 

Application

The act of "Employers Liability Act, of 1969" was passed so that employers are taking responsibility for any kind of issues for the purpose of workers' health and workers' safe while they are presented at the workplace area[1]. When Matilda works at Steel Inc then that time there was make an accident with Matilda’s welding. One of the fire sparks of Matilda’s welding was ignited on some products which were paper-based then it turns a fire accident. 

When the workplace was burning out this time Bazza came into the company Steel Inc and Bazza met that accident. Bazzas’ chest and arms were totally burned out. After several weeks Bazzas’ left arm was infected and doctors decided to do surgery on Bazza's left arm. Matilda was not a permanent employee of the company Steel Inc but the fire accident happened due to the negligence of Maltida. Company Steel Inc's higher authorities are avoiding paying any charge for Bazzia because they arguing that Maltida was not an employee of that company. 

But in the act of “Employers Liability Act” of a1969, it was clearly mentioned that companies are responsible for any kind of health damages to workers if the damages happen during the worker's work time at the company. Every company's higher authority should maintain a minimum value of health insurance for the employees of the company. If any uncertain damages or any kind of major accident happen then the employer takes all liability of employees. But in this fire accident in the company of Steel Inc, the higher authority is denied to pay any damages. Bazza can take legal action against Tamidale NSW. 

The next act was the act of “management of Health and Safety at work regulations of 1999” In this act, there was clearly described that every employer of the company has to carry a minimum level of risk if any case the total number of employees is more than 5 then it was legally passed an act that every employee's details should be in written format[2]. For the purpose of the company risk assessment and the risk controls of the company are properly introduced to the new employees of the company. If the company workers are properly known of facts regarding the purpose of risk assessment and risk control then it was easy to the company workers to do their best in the workplace. 

When the timing of the appointment, it was clearly mentioned that people who are under 18 are not applicable to do this job. Examine all employees and how they are prepared for any type of uncertain accident. Once Matilda works at Steel Inc then that time there was make an accident with Matilda’s welding. One of the fire sparks of Matilda’s welding was ignited on some products which were paper-based then it turns a fire accident. When the workplace was burning out this time Bazza came into the company Steel Inc and Bazza met that accident. Bazzas’ chest and arms were totally burned out. After several weeks Bazzas’ left arm was infected and doctors decided to do surgery on Bazza's left arm. If Maltida was more focused when Maltida welding then the fire accident has never happened. Maltida was previously instructed by the higher authority of the company Steel Inc that never to do welding at the near palace of paper-based products. Not following instructions is the main cause behind the fire accident. Now, Bazza can take a legal step against the company Steel Inc that they are responsible for that accident and now pay the damages charge. The company Steel Inc are doing illegal work about the fact of non-paying the damages charges. Clearly mentioned in the act of “management of Health and Safety at work regulations of 1999” that the employers are liable to pay the charges against any kind of damages. 

The third act that was applied in that case was the act of “Work Health and Safety Act, of 2011”. The act was about the employee's health and safety during working time[3]. If any workers had physical damage during their working time, then the company employers are fully liable for that. Maltida was previously instructed by the higher authority of the company Steel Inc that never to do welding at the near palace of paper-based products but once Matilda works at Steel Inc then that time there was make an accident with Matilda’s welding. One of the fire sparks of Matilda’s welding was ignited on some products which were paper-based then it turns a fire accident. When the workplace was burning out this time Bazza came into the company Steel Inc and Bazza met that accident. Bazzas’ chest and arms were totally burned out. After several weeks Bazzas’ left arm was infected and doctors decided to do surgery on Bazza's left arm. But in this fire accident in the company of Steel Inc, the higher authority is denied to pay any damages. Bazza can take legal steps against the company of Steel Inc for not paying the damages. Company employers are responsible to pay a kind of damages charges against the health and safety matters of the employee in the workplace. These three acts are applied above the fire accident case.

In the case of Mcgee vs Alameda in the year 2003 this incident happened on 15th July in the year 2003 [4]. A person d Anderson McGee burns himself while he was working in the construction part of Alameda (eastbaytimes.com, 2022). However, the injury was made due to eth lack of eth safety measures. The person's body was burned almost 20 percent, as well as some brain injured, have also happened. Some major body parts were burnt in this accident. The person was an employee of eth company "Sanford construction and Electrical". The settlement made by the company of 25 million dollars to cover the medical bills and for eth damage made by eth company's lack of safety performances

However, in this case, study, it is accountable that the drill worker faces the same condition. The link between the real case study and this case study is also a fire incident in the workplace which was the company's lack of focus on worker safety. Accordingly, this case study evaluates that the company is denied to pay the compensation amount as the worker is not a permanent employee in that firm. Besides that the real; life case study shows that the person Anderson McGee was also not a permanent worker of eth company Alameda. However, the accident's place does not matter when the case of a worker's life takes place. The employer should prioritize the worker's health and safety measures and should focus on the gaps where the company is failed to provide the necessary safety equipment. Eventually, the worker may have the fault that he is not following the safety rules before doing the welding job. Accordingly the steel co. company the welder is not working from the company side, but the work which he was doing is the undertaken job of the company where he is the employee.

However, the real case study shows that the company where eth worker was working was paid the compensation amount and accepted their fault. Eventually, the company must pay the amount for the injury of Bazza. The reasons behind that the injury of eth person Bazza happened due to the accident on the company's premises. However the person is not eth employee of the company, the company is liable for that incident which is happened from their side. Accordingly, the welder's insurance does not consider in this case, as the insurance is not provided by the side of thE company. However, the company is denied for the both person's cases, Bazza's and Matilda's medical expenses must be covered by the company. A company is always liable for any kind of accident that happened on the company's premises and if eth company's lack of performance behavior takes place. Therefore it can be said that steel. co is liable for eth incident which was happened with its worker as well as Bazza. The compensation must be paid accordingly, and it should keep in mind that eth company's safety rules must be followed by the workers. It is the company's responsibility to keep the notice in this matter. 

Conclusion

Proper fire safety was missing in the company Steel Inc. If the company’s maintenance workers daily maintained the workplace area, then the accident has never happened. They should make sure that every worker is doing their job in a proper manner. Any negligence will not be tolerated in the workplace area. Always maintained the storage safe rule If the Steel Inc company are properly managed its storage in a safe manner, then the fire accident will not happen. The higher authority of Steel INC makes more focus on the purpose of Production security; if they were more aware of this fact then they can prevent fire accidents. 

In the company Steel Inc, the company had not had any emergency plan, emergency plans are an important plan to prevent uncertain cases. If the company ever faces some uncertain issues, then every worker of the company will have to know what they do in the uncertain cases. Fire-preventing tools are the most important thing and the tools are needed to place every corner of the production area. When the fire accident happened in the company Steel INC then there were not enough fire-preventing tools and the production workers failed to stop the fire from spreading. Most active workers need to prevent damage. Not enough active workers were present at that accident time, if there were more active workers present then there were fewer chances to happen in this uncertain accident. 

Proper education about the fact of fire safety is a most needed thing for company workers. In the company business, an important thing is to “duty of care” of the company workers, all workers of the company are needed to know every moral responsibility in the workplace area. The higher authority of the company is not interested to take the class on the responsibility to the workers. If the company workers are able to know their responsibility in the workplace area, then it is easier for the workers to do their work properly. Company higher authority needs to do a written plan format on preventing the uncertain situation. Every worker of the company should view the plan format and this way it becomes easier to prevent an uncertain situation like a fire accident. Welly managing the company organization plan will help the company to earn more profit and avoid uncertain damages. If the company management will able to manage the workplace area on a proper rule basis, then it will make a favorable situation for the company. 

References:

• Badri, Adel, Bryan Boudreau-Trudel and Ahmed SaâdeddineSouissi, “Occupational Health and Safety in the Industry 4.0 ERA: A Cause for Major Concern?” (2018) 109 Safety Science 403
• Barrett, Brenda and David Lewis, “Is the Employers’ Liability (Compulsory Insurance) Act 1969 Fit for Purpose?” (2016) 45 Industrial Law Journal 503
• eastbaytimes.com (2022) About the case study Available at: https://www.eastbaytimes.com/2006/10/31/alameda-keeps-25-million-settlement-quiet/ [Accessed from 6^th December 2022]
• Mcgee vs Alameda in the year 2003
• Perry, Pat, “The Management of Health and Safety at Work Regulations 1999” [2016] Risk Assessments Questions and Answers 37
• [1]Barrett, Brenda and David Lewis, “Is the Employers’ Liability (Compulsory Insurance) Act 1969 Fit for Purpose?” (2016) 45 Industrial Law Journal 503
• [2]Perry, Pat, “The Management of Health and Safety at Work Regulations 1999” [2016] Risk Assessments Questions and Answers 37
• [3]Badri, Adel, Bryan Boudreau-Trudel and Ahmed SaâdeddineSouissi, “Occupational Health and Safety in the Industry 4.0 ERA: A Cause for Major Concern?” (2018) 109 Safety Science 403
• [4] Mcgee vs Alameda in the year 2003