Worker's compensation Flashcards
Worker’s comp is a?
Statutory insurance scheme
Worker’s comp is exclusive remedy of?
Exclusive remedy of covered employee who sustains job-related injury
Is fault relevant to employer’s payment to employee through statutorily mandated insurance?
Fault is irrelevant.
Can employee file negligence suit for injury on job 1. against company? or 2. against coworker?
No. Can’t get pain and suffering money nor punitive awards.
When can you sue the co-worker for injury at the job?
Where co-worker was operating beyond scope of employment.
are independent contractors covered by worker’s comp?
no
besides independent contractors, what 3 groups of people fall outside worker’s comp scheme?
- teachers
- part-time household employees (babysitter, cleaning person)
- clergy
To get worker’s comp, you have to have a covered injury, meaning?
anything that happens in course of employment
3 exceptions worker’s comp for injuries on the job?
- if employee injured due to intoxication, not covered
- if employee tried to injure self or others
- injured during voluntary off duty athletic activity (e.g., work softball league)
still within workers comp that are surprising categories (2 categories)?
- illegal activities, e.g., roofer stealing down spouts off roof falls = yes, worker’s comp
- horseplay still covered (within limits of reason)
Injured on job, what do you get 1. covered, 2. paid, 3. upon death?
- all medical expenses covered
- paid 2/3rds of avg weekly wage
- if you die, statutorily specified benefit
Can workers sue parties besides coworkers and employers for injury on the job?
Yes, e.g., if injured by machine at work, can get workers comp + sue manufacturer
can you bring wrongful death action against employer if you die and your spouse takes worker’s comp?
no! taking the worker’s comp bars further recovery.
When may the employee sue employer in tort for injury on the job?
Where employer failed to provide compensation insurance.
when does insurance carrier inherit claim against 3rd party for injury on job?
6 months after award of compensation and worker has brought no action. insurer is obligated to pay victim 2/3rds of all amounts over insurer’s out of pocket cost for worker’s comp.
