Section 2: Lesson 8.2 The Injuries and Benefits of Worker's Comp Flashcards
To be compensable , most jurisdictions require that an injury:
A rise out of and in the house of employment
A popular legal doctrine suggest that lunch, coffee breaks, and other personal comfort breaks taken on the premises during the employment relationship are considered to be incidental to and reasonably expected to occur as part of the overall employment relationship, thus injuries that occur during those periods are considered:
The Personal Comfort Doctrine
The sole and fundamental purpose of disability benefit is
To replace , on a temporary or permeant basis, a potion wages lost as a result of occupational injury
How many day must you be off work before is eligible for disability benefits?
more than 7 days
Medical benefits to treat an occupational injury are owed:
For the life of the employee if the treatment is related to the occupation injury ,necessary to cure injury reasonable in the amount give and amount charged
Jody strained her back at work . She will be out of work for about 2 weeks. What information would you need to determine her Temporary Income Benefit(TIB)?
Find out Jody’s total wages over the past 13 weeks of her employment prior other date of injury and divide that by 13 to find her Average Weekly Wage. Then multiply her Average Weekly Wage by 70% to determine her weekly temporary income benefit.
The formula for payment of Texas Temporary income benefits:
70% of the difference between the worker’s pre-injury wage and any post - injury earning.
A lost time case is defined as:
An injury that results in amore than 7 days of work or for which indemnity benefits would otherwise be due , such as a medical only claim that results in a permanent impairment.
How is an injured employees weekly compensation rate calculated in Texas?
The average weekly wage (AWW)-post injury earnings x 70%
Ralph suffered a compensable injury that will result in about 3 months of total liability. His Average Weekly Wage is $724.50. His weekly temporary income benefit would be what?
$507.15> $724.50x70%
Average weekly wage would be based on:
The average weekly earnings of the 13 err prior to the injury
