Workers' Compensation Flashcards

1
Q

What is workers’ comp? (4 elements)

A
  1. Exclusive remedy (no suing)
  2. For an employee
  3. Against employer AND co-workers
  4. For a work injury
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What five categories of workers are not included in workers’ comp?

A
  1. Independent contractors
  2. Teachers
  3. White-collar employees of nonprofits
  4. Part-time household employees
  5. Clergy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who can you still sue when covered by workers’ comp?

A
  1. Makers of equipment
  2. Other hierarchy of contractors (general contractor if you’re hired by a sub-contractor)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What injuries are covered under workers’ comp?

(Injuries sustained during employment, including these three categories)

A

Anything that happens during employment, including:

  1. Your duties,
  2. Illegal acts committed on the job!, and
  3. Horseplay (to an extent)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What injuries are NOT covered under workers’ comp? (4)

A
  1. Those solely due to own intoxication;
  2. Intentionally trying to injure yourself or others;
  3. Injury during a voluntary, off-duty athletic activity; AND
  4. Activities exceeding reasonable horseplay
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What two types of damages may not be recovered in a workers’ comp claim?

A
  1. Pain and suffering
  2. Punitive damages
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What benefits may be recovered in a workers’ comp claim? (3 categories)

A
  1. All medical expenses
  2. Lost wages up to 2/3 of weekly average
  3. Death - statutory amount
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

When is the exclusivity of workers’ comp unavailable to co-employees?

(i.e., When can you sue a co-employee despite getting workers comp?)

A
  1. When co-employee is acting outside of the scope of his employment, OR
  2. When he engaged in a willful or intentional tort
How well did you know this?
1
Not at all
2
3
4
5
Perfectly