Workers’ Compensation Flashcards
What is the Workers’ Compensation Act?
The Workers’ Compensation Act provides an exclusive remedy for an employee against their employer or coemployee where the terms of the statute are met. The compromise allows the injured employee to recover benefits pursuant to the statute, but the employer and the coemployee will be immune from civil tort lawsuits, except for intentional acts.
What are the three elements of a Workers’ Compensation claim?
- Employment Relationship – There must be an employee-employer relationship. 2. Compensable Injury – The injury must be accidental or from an occupational disease. 3. Arising Out of and In the Course of Employment – The injury must occur during work and in a work-related setting.
What are noncoverage issues in Workers’ Compensation?
Certain injuries are not covered by workers’ compensation, meaning the exclusive remedy rule does not apply.
Does Workers’ Compensation cover injuries resulting from horseplay?
No. An accidental injury occurring during horseplay is not covered by workers’ compensation. [La. Rev. Stat. 23:1031(d)]
Does Workers’ Compensation cover injuries from personal disputes unrelated to employment?
No. An accidental injury arising from a personal dispute unrelated to work is not covered by workers’ compensation. [La. Rev. Stat. 23:1031(e)]
What is a statutory employer in Workers’ Compensation?
A statutory employer may be liable for workers’ compensation even if they do not directly pay wages. Statutory employer immunity applies upwards but not downwards in employment relationships.
What is a borrowed employee in Workers’ Compensation?
A borrowed employee may qualify for workers’ compensation under factors such as who selected the worker, who controls the work, and who pays wages.
Are independent contractors covered under Workers’ Compensation?
Generally, independent contractors are not employees for workers’ compensation unless their work is an integral part of the employer’s business.
What is a payroll employer in Workers’ Compensation?
A payroll employer may lose immunity if they have no real interest in the work being performed by the employee.
What is the Two-Contract Theory in Workers’ Compensation?
Workers’ compensation may apply where a principal contracts work and then subcontracts it to another.
What is the Trade, Business, or Occupation Test in Workers’ Compensation?
Louisiana applies an ‘integral relationship’ test to determine whether a statutory employer is liable for workers’ compensation.
What does ‘Arises Out of Employment’ mean in Workers’ Compensation?
The injury must result from risks associated with employment. The character or origin of the risk is examined.
What does ‘In the Course of Employment’ mean in Workers’ Compensation?
The injury must occur during the time and place of employment activities.
