Benefits Flashcards
Extent of Remedy
Exclusive remedy against the employer
Does not preclude a suit against a third party
Does not apply to intentional torts by employer
Wage Loss Benefits
Begin only after 7 consecutive days of disability
If longer than 14 consecutive days, the employee is then entitled to wage loss for first week as well
Right to wage loss continues as long as P is disabled
Calculating Wage Loss Benefits
80% of after-tax value of the average weekly wage- highest 39 weeks of 52 weeks preceding injury
Coordination of Benefits
Employer is entitled to reduce the employee’s workers compensation rate by coordinating with any like benefits
Termination of Wage Loss Benefits
Terminated if a worker refuses a reasonable offer of work or returns to work and establishes a wage-earning capacity
Medical Reimbursement
Entitled to receive reasonable and necessary medical treatment
Right to choose physician after 28 days from inception of medical care
Employer is responsible for necessary nursing care
Death Benefits
Available only if worker’s death was caused or hastened by the employment and the worker is survived by a specifically defined dependent
Extent of Liability
Offering Reasonable Employment- work within the injured workers capacity to perform that poses no clear and proximate threat to their health and safety and with in a reasonable distance from their residence
Redemption
Written Agreement to solve all claims arising form injury by payment of one lump sum
