vasilissadragomir

[vasilissadragomir]

[vasilissadragomir]

one of the more upsetting things you notice if you look back at older european weapons is that nobody fucking named any of the types of flail so you've gotta describe them by appearance every single time

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if anyone’s interested, i did find the case: Consolidated Rail v. Gottshall. this case is from 1994. this case was decided the same year the smartphone was invented. the facts are even worse than i remembered—this case was actually a two-in-one, with another plaintiff suing for similar reasons. but in Gottshall’s case, what happened was they were working in a line, and his coworker and friend collapsed from heatstroke. the workers stopped working to perform cpr. they managed to revive him, only to be told to get back to work. in the shock of the century, the coworker collapses again, they perform cpr for 40 MINUTES, but they fail to revive him again. then they’re again told to keep working while their friend and coworker’s dead body is right there next to the line.

and the reason that this post reminded of this case was because it narrowed the scope of an nied claim to something called the “zone of danger” (zod) test. what that means is that a plaintiff (whoever is suing in civil court) has to show that the defendant (whoever is being sued)’s negligence placed the plaintiff at imminent risk of physical injury. so even though his injury was genuine AND foreseeable, he did not have an nied claim because he was not in the zod. idk y’all but, if your coworker literally collapses and dies right next to you due to the very same work conditions you experience, something about that tells me that there is an imminent risk of physical injury. but that’s just me.

most importantly, one of the main reasons SCOTUS adopted the zod test as opposed to broader standards used in other states was to avoid “infinite” liability. because, theoretically, every employee in the same conditions as Gottshall and his coworker could have an nied claim against their employer. so if the court hadn’t adopted this test, every time an employee could prove a workplace injury was a result of the employer’s negligence in creating unsafe working conditions, all of their coworkers have potential grounds to sue.

the worst part? this case was always going to have a super narrow application. the only reason the plaintiffs could litigate (go to court) to begin with is because there’s a law called the federal employers liability act (fela), which provides specific protections to railroad workers. most of the time in manual labor, workers’ compensation applies, which doesn’t usually cover non-physical injuries. so the court could have absolutely gotten away with allowing the nied claim under fela exclusively. but the justices chose not to. which tells us everything we need to know about labor rights in this US.

"It doesn't help your credibility to exaggerate, most employers wouldn't literally work you to death" like, I used to work in distribution. If booking a truck driver for back to back shifts until they fall asleep at the wheel, crash, and die counts as being worked to death, I have personally met employers who've worked employees to death and gotten away with a slap on the wrist. It may not be universal, but it's a hell of a lot more common than a lot of us would prefer to think.

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i was going to bring up this case that we read in torts about a man who worked for a rail company who watched his coworker die of a heart attack due to extreme work conditions, and was made to continue working. then, when he experienced ptsd and severe depression as a result, he sued his employer for negligent infliction of emotional distress (nied), and SCOTUS ruled against him.

but i couldn’t remember the name of the case so i looked up the basic facts and so. many. came up. this happens. often.

"It doesn't help your credibility to exaggerate, most employers wouldn't literally work you to death" like, I used to work in distribution. If booking a truck driver for back to back shifts until they fall asleep at the wheel, crash, and die counts as being worked to death, I have personally met employers who've worked employees to death and gotten away with a slap on the wrist. It may not be universal, but it's a hell of a lot more common than a lot of us would prefer to think.

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Reblog daily for health and prosperity

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anyway here's my jewish commie reading list:

a fire in their hearts - tony michels

nothing so whole as a broken heart (essay anthology) - edited by cindy milstein

no masters but god - hayyim rothman

jewish radicals - tony michels

revolutionary yiddishland - alain brossat & sylvia klingberg

anarchism and other essays - emma goldman

prison memoirs of an anarchist - alexander berkman

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I want you to remember:

The fascists hate you too and they just will pretend otherwise until after they've killed the rest of us, before they turn on you.

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i want portia to be in this book

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Btw you do NOT need to read the news to help people

You can do all of these things without reading the news:

Go to protests

Volunteer

Join a mutual aid network

Write to your representatives

Donate

Clean up trash and pollution

Curate and provide resources for your community

Citizen science/citizen history projects to help the environment/etc.

Much, much more

Reading the news is not a moral obligation. Following people whose posts make you spiral is not a moral obligation.

I am more able to help people when I don't regularly read the news. I volunteer more. I go out early to go weed invasive species at a nature reserve. I have more capacity to support my friends and the people I care about.

I have more energy to work on this blog, for that matter. (Obviously I regularly read a lot of good news. Which I recommend. The rest of this post is about normal news, which highly rewards negative content.)

You cannot pour from an empty vessel.

What matters is doing something to help.

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someone on doctor who tumblr please help i just finished the timeless child arc…idk how to deal or function with this knowledge im in PAIn

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Elon Musk's salute was an awkward gesture about as much as Henry Kissinger - the man that said "if it were not for the accident of my birth, I would be antisemitic" because "any people who has been persecuted for two thousand years must be doing something wrong" - was unapologetic about being Jewish.

Musk supports the far right parties in multiple countries. Why the fuck does he deserve grace. It doesn't matter if he's given the benefit of the doubt here, we already know where he stands and he's a white supremacist.

Fuck the ADL, stop failing the community.

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Not sure about this one but it's a draft and who knows when I can finish it along with some small doodles

Side note: I will most definitely start in fixing the anatomy first...

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simongerman600

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as one of the wrong people i am 100% glad bc in no version of plurarch’s pov did we get dystopian booty shorts

I'm so glad people were wrong and sotr is going to be from haymitchs pov

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Haymitch every reaping