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Karoshi, or death from overwork, is a tragic modern work event. Continuous occurrence of karoshi in Japan offers an opportunity to reconsider the contemporary working environment, and especially the workers' compensation system. Strongly bound by the traditional notion of work accident, the Japanese workers' compensation system has shown difficulty handling karoshi cases. This fact calls into question the adequacy of the current workers' compensation scheme in the work environment it is meant to oversee. To analyze the issue, this thesis will use a comparative law method. The basis of comparison will be Ontario, Canada, which shares a system similar to Japan's, but does not produce karoshi cases. Particular emphasis will be put on stress claims and claims from women, since both share some similarities with karoshi claims. The findings from this comparison will offer a valuable basis for discussion of the current and the future of workers' compensation and other protection systems in Japan.

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Sun, Yu. / "August 2010." / Thesis (M.Phil.)--Chinese University of Hong Kong, 2010. / Includes bibliographical references (leaves 239-245). / Abstracts in English and Chinese. / TABLES AND CHARTS --- p.iv / REGULATIONS AND ABBREVIATIONS --- p.v / Chapter CHAPTER 1 --- INTRODUCTION --- p.1 / Chapter CHATPER 2 --- CONSTRUCTING A FRAMEWORK FOR COMPENSATING WORK-RELATED INJURY: AN IMPORTANT MISSION --- p.31 / Chapter CHAPTER 3 --- WORKERS' COMPENSATION SYSTEM IN CHINA: STRUCTURE AND PROBLEMS --- p.60 / Chapter CHAPTER 4 --- WORKERS' COMPENSATION MODEL THEORY AND ITS CHANGE THROUGH GLOBAL PERSPECTIVE --- p.112 / Chapter CHAPTER 5 --- FEASIBLE STRUCTURE FOR WORKERS' COMPENSATION SYSTEM IN CHINA --- p.146 / Chapter CHAPTER 6 --- FURTHER REFORM CONSIDERATIONS FOR WORKERS' COMPENSATION SYSTEM IN CHINA --- p.201 / DETAILED TABLE OF CONTENTS --- p.233 / REFERENCE --- p.239

published_or_final_version / Business Administration / Master / Master of Business Administration

published_or_final_version / Public Administration / Master / Master of Public Administration

Major changes have occurred in the workplace in the past decades. Technology has changed dramatically, innovative ways of utilising nuclear power have been developed, new chemicals have been introduced to the market and the adverse effects of other chemicals on both human health and safety and the environment have been discovered. This has influenced the nature of the workforce itself. Regulators in the different jurisdictions were required to react to the challenges that these changes represent. This thesis explores the responses in the United Kingdom, the United States of America and the Republic of South Africa by identifying the occupational safety and health (OSH) regulations, administration, enforcement and penalties which have been put in place to address the above mentioned challenges. It is impossible to mention all the changes in the workforce and workplace that have occurred in the recent years, and this thesis therefore focuses on the possibilities that different types of regulation offer to address some of these changes. Alterations to existing approaches are proposed to ensure that enforcement is improved and better targeted. The utilisation of third parties as surrogate regulators is also addressed. The central theme of this thesis is how the law can stimulate self-regulation by adopting a Safety Management System (SMS) within enterprises to encourage “self-critical reflection about their OHS performance”. The purpose of criminal sanctions in occupational safety and health regulation, the role of the prosecution in the enforcement of OSH strategies and the possibility of combining prosecutions of corporations with prosecutions of individual managers and directors who are responsible for non-compliance with OSH standards are also addressed. Although it is most important to ensure that workers are not injured or do not contract occupational diseases, in practice this does unfortunately happen. Therefore this thesis also discusses the compensation of injured workers. / Professor D. S. de Villiers

This study aims to ascertain the legal redress available to employees who suffer psychological harm as a result of workplace stress. On a general level, it identifies and assesses some of the available policy options, particularly as they relate to the interaction of statutory workers’ compensation schemes and the common law. On a more specific level, it examines and analyses various issues: the nature and extent of compensable psychiatric harm; the legal duty on employers to protect employees’ health and well being; the role of negligence; requirements specific to the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA); and the causal nexus necessary to sustain a claim. The conclusion is reached that employees should utilise the workers’ compensation system as the primary vehicle to obtain redress if they suffer from occupational psychiatric harm. However, due to the law’s generally conservative approach to psychiatric harm and intimations that the Department of Labour intends setting strict requirements for claims for psychiatric harm in terms of COIDA, the common law of delict might continue to play an important role in claims for occupational psychiatric harm. The writer recommends that a hybrid system for compensation for stress-related psychiatric harm suffered in the course and scope of employment be adopted, with the statutory compensation scheme providing relatively limited benefits and the common law providing general damages if the claimant can prove negligence on the part of the employer; that the requirement of a recognised psychiatric illness be maintained for both statutory compensation and compensation in terms of the common law; that all parties’ interests are carefully balanced in delineating the employer’s legal duty to employers and that undue weight not be accorded to the terms of the contract of employment; that more attention be paid to factual causation and the development of lternatives/complements to the traditional conditio sine qua non test; that the validity of the circular instruction on post-traumatic stress disorder (PTSD) be tested on administrative-law grounds; and that the stringent prescription requirements set by the circular instruction on PTSD be reviewed.

The intent of this paper is to discuss how the recent court rulings on the current workers compensation statutes will impact the rules to Florida’s workers compensation laws. Workers Compensation system is a social justice system that protects both the employer and employee. Employees that are injured while in the course and scope of their employment give up the right to sue, making workers compensation an exclusive remedy. In exchange for giving up that right, the injured worker receives statutory benefits in a no-fault system. This paper covers the legislative changes over the years that have impacted the constitutionality of the system and discusses how these changes have failed to uphold the legislative intent and design of the entire system. It covers the decisions rendered by the Florida Supreme Court and discusses the implications of those decisions.

Workers’ compensation originated internationally because of the need to address the plight of workers and communities left destitute due to occupationally sustained disabilities or death. This study examines how the right to no-fault compensation developed in South Africa in comparison to the comparable law in Canada and Australia. Specific limitations regarding the right to workers' compensation pursuant to the South African compensatory laws were identified. Limitations identified include the persons falling within the ambit of the law, circumstances creating a right to compensation, the right to claims for increased compensation uniquely provided for in South African compensatory law and founded in the negligent conduct of employers as well as common law redress for damages. The background of the administrative remedy in the form of the right to compensation for occupational injuries and diseases ought to be seen in the light of the Constitution of the Republic of South Africa 1996. / Mercantile Law / LL.M.