Workers' Compensation Flashcards
1
Q
What is workers’ comp? (4 elements)
A
- Exclusive remedy (no suing)
- For an employee
- Against employer AND co-workers
- For a work injury
2
Q
What five categories of workers are not included in workers’ comp?
A
- Independent contractors
- Teachers
- White-collar employees of nonprofits
- Part-time household employees
- Clergy
3
Q
Who can you still sue when covered by workers’ comp?
A
- Makers of equipment
- Other hierarchy of contractors (general contractor if you’re hired by a sub-contractor)
4
Q
What injuries are covered under workers’ comp?
(Injuries sustained during employment, including these three categories)
A
Anything that happens during employment, including:
- Your duties,
- Illegal acts committed on the job!, and
- Horseplay (to an extent)
5
Q
What injuries are NOT covered under workers’ comp? (4)
A
- Those solely due to own intoxication;
- Intentionally trying to injure yourself or others;
- Injury during a voluntary, off-duty athletic activity; AND
- Activities exceeding reasonable horseplay
6
Q
What two types of damages may not be recovered in a workers’ comp claim?
A
- Pain and suffering
- Punitive damages
7
Q
What benefits may be recovered in a workers’ comp claim? (3 categories)
A
- All medical expenses
- Lost wages up to 2/3 of weekly average
- Death - statutory amount
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
- When co-employee is acting outside of the scope of his employment, OR
- When he engaged in a willful or intentional tort