¶ … workplace injuries can be complex, involving multiple variables and a minimal amount of concrete evidence to support the claims of either worker or company. This case is one such case where the testimony of the workers contradicts the testimony of the company. Resolving this case will be difficult, but ultimately, evidence can be gathered to show that (a) the company was aware of a faulty safety guard and covered up their knowledge; (b) the company was unaware of the faulty safety guard but the manufacturer of the machine was; (c) the manufacturer was unaware of the faulty safety guard and this is the first incident in which a worker was injured using the equipment.
Explanation of the Issue or Problem
There are several interrelated issues and problems in this case. First, it is not clear whether the injured party, John Schmidt, and his coworkers are members of a labor union or not. This might have a bearing on the case. Second, there is a lot of heresy in this case and an unfortunate lack of evidence. Schmidt only has his colleagues to back up his claim that the safety guard is "poorly designed" and that this issue was in fact raised with the shop foreman. There is no indication of whether or not the shop foreman Harry Hiller admits that the workers had mentioned the faulty design problem to him or not. Either way, the argument...
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