If an employer continues to engage in industrial activities that a.) Knows or should have known is hazardous to its employees (Toxic, Unvented Welding/Smelting fumes in a confined space) and b.) Continues to do same despite OHSA telling them to cease and decist said activities, CAN THE EMPLOYEES SUE UNDER THE THEORY OF STRICK LIABILITY OR ARE THEY PRECLUDED FROM DOING SO BY WORKER'S COMPENSATION? My understanding is the Worker's Compensation is for normal, no fault industrial accidents---not injuries occuring as the result of criminal negligence. Your Opinion, Please.
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