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Employer’s civil liability for work-related accidents: A comparison of non-economic loss in Chile and England

Torres, Luis D.; Jain, Aditya Kailash

Authors



Abstract

© 2016 Elsevier Ltd Employers’ civil liability for work injuries and subsequent compensation for non-economic losses represent challenges for many countries. Several countries in Latin America and Europe still do not apply non-economic damage standards, and even when they do, the task of assessing damages is often left to a judges’ discretion. Similarly, common and civil law jurisdictions have shown non-standard ways about how these losses should be assessed and understood. This paper therefore, aims to compare England and Chile in terms of employers’ civil liability and subsequent non-economic damages compensation after work-related accidents. It focuses on the current progress made by both countries in terms of non-economic loss definition and assessment. This is a qualitative study. Research data consisted on a review of case law within the last five years in both countries. Additional, contextual data was gathered by looking at published documents examining the current English context and four interviews were carried out to further understand the Chilean context. Data was analyzed using framework analysis and the Nvivo software. From a comparative perspective, findings show that England has made important progress in terms of types of employer's liability, understanding of non-economic loss, and standards of assessment. Although several advances have been made in Chile over the last few years, a number of challenges still remain.

Citation

Torres, L. D., & Jain, A. K. (2017). Employer’s civil liability for work-related accidents: A comparison of non-economic loss in Chile and England. Safety Science, 94, 197-207. https://doi.org/10.1016/j.ssci.2016.12.010

Journal Article Type Article
Acceptance Date Dec 15, 2016
Online Publication Date Dec 30, 2016
Publication Date 2017-04
Deposit Date Nov 21, 2017
Publicly Available Date Nov 21, 2017
Journal Safety Science
Print ISSN 0925-7535
Electronic ISSN 1879-1042
Publisher Elsevier
Peer Reviewed Peer Reviewed
Volume 94
Pages 197-207
DOI https://doi.org/10.1016/j.ssci.2016.12.010
Keywords Tort law; Civil law; Employer’s liability; Worker’s compensation; Work-related accidents; Safety
Public URL http://eprints.nottingham.ac.uk/id/eprint/48299
Publisher URL http://www.sciencedirect.com/science/article/pii/S0925753516306713?via%3Dihub
Copyright Statement Copyright information regarding this work can be found at the following address: http://creativecommons.org/licenses/by-nc-nd/4.0

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://creativecommons.org/licenses/by-nc-nd/4.0





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