Worker's Compensation

Question 1

What is worker’s compensation?

Answer 1

It is a mandatory insurance scheme. If an employee is injured on the job, and the employer has provided workers’ compensation coverage, the injured employee finds her exclusive remedy under the provisions of the Workers’ Compensation Law. Fault is irrelevant - the employee can’t sue employer and there is a cap on damages.

Question 2

Which persons are covered by worker’s compensation?

Answer 2

Employees entitled to the workers’ compensation benefits include:

1. One employed in any business, trade, or occupation carried on by the employer for profit, excluding farm laborers;
2. One employed in any of the defined “hazardous employments;”
3. Certain farm laborers; and
4. Certain domestic workers.

Must be an employee, not an independent contractor.

Question 3

Which persons are excluded?

Answer 3

Persons engaged in teaching or nonmanual work for religious, charitable, or educational institutions; babysitters; partime domestic workers or household workers; and spiritual leaders and members of a religious order.

Question 4

Which casualties are covered?

Answer 4

Benefits are provided for:

1. Accidental injuries arising out of and in the course of employment, and such disease or infection as may naturally and unavoidably result therefrom;
2. Death resulting from such injury;
3. Occupational disease resulting in disability or death.

Question 5

What is the extent of liability for employers?

Answer 5

Employers subject to the Workers’ Compensation Law are not liable for compensation when the injury is:

1. Solely occasioned by intoxication of the injured employee while on duty;
2. Solely occasioned by willful intention of the injured employee to bring about the injury or death of himself or another;
3. Incurred during voluntary participation in an off-duty athletic activity.

Employees injured while committing an illegal act in the course of employment ARE covered. Horseplay is included as well.

Question 6

Who can an injured employe sue and who can he or she not sue?

Answer 6

Cannot sue:

a. employer
b. co-employees
c. bring a wrongful death action

Can sue:

a. co-employees not acting within the scope of their employment or who has engaged in a willful or intentional tort is subject to a common law tort action.
b. if the injury is not work connected, a common law action can be maintained against the employer.
c. against a third party - and the third party cannot seek contribution from the employer unless the employee sustained a grave injury.

Question 7

What benefits does workers’ compensation provide?

Answer 7

Compensation includes:

1. all required medical services, medication, or apparatus;
2. comepnsation in the event of disability from work caused by covered injury (compensation is generally 2/3 of average weekly wages);
3. death benefits according to statutory schedule and funeral expenses;
4. double compensation and death benefits for injured minors illegally employed.