Workers Compensation

Question 1

What is workers compensation insurance?

Answer 1

Mandatory insurance scheme providing compensation to people injured on the job.

Does not matter what kind of work you do.

Do not have to prove fault and not barred by your own fault.

Tradeoffs

1) Exclusive remedy: barred from bringing a lawsuit against an employer or coworker, but CAN sue subcontractors on construction sites and company that made machinery in the factory
2) Recoverable benefits limited

Question 2

Who is entitled to workers compensation benefits?

Answer 2

Employee

NOT

1) independent contractors
2) teachers and non-manual laborers for not for profits
3) part time domestic or household employees
4) clergy

Question 3

What injuries are covered by workers compensation?

Answer 3

Any injury during course of employment. Includes illegal acts and horseplay.

Exceptions

1) injured due solely to his own intoxication
2) injury is self inflicted
3) injured during a voluntary off-duty athletic activity

Question 4

What benefits are provided under workers compensation?

Answer 4

Medical expenses and 2/3 weekly wages

If die, get a statutorily specified death benefit

Question 5

What is the relationship between third party contribution and workers compensation?

Answer 5

Cannot get third party contribution from the employer unless the employee sustains a grave injury

Note: any damage award must first go to reimburse the insurance carrier for any worker’s compensation benefits it paid out to the employee