Workers' Compensation Flashcards
Workers’ Compensation
Requires ERS to insure EEs against accidents and diseases arising out of and in the course of employment
Exclusive Remedy
An EE who pursues workers’ compensation claim is prohibited from suing ER in tort
ERs Covered by IN Workers’ Compensation Law Coverage
Applies to ALL ERs
Even those with one EE
EEs Covered by IN Workers’ Compensation Law Coverage
Right to Control Test
Independent contractors not covered
Factors Used in IN’s Right to Control Test
(1) Right to discharge
(2) Payment method
(3) Supplying tools/equipment
(4) Belief of parties
(5) Control over means used in results reached
(6) Length of employment
(7) Establishment of work boundaries
Covered Injuries
Accidental injury or death arising out of and in the course of employment
Burden of proof on EE
Covered Diseases
Personal injury due to disease proximately caused by or resulting from nature of employment
Must have DIRECT CAUSAL LINK to nature of employment
Horseplay
Instigator of horseplay will not be compensated
Recreational Activities
If the activity is done for the benefit and under the control of the ER, it will be compensable
Notice by EE
EE must give ER written notice of injury/death AS SOON AS PRACTICABLE
Unless ER has ACTUAL KNOWLEDGE of EE’s injury/death
Notice by ER
Within 7 DAYS after first day disability arises from workplace injury, ER must mail WRITTEN REPORT TO INSURANCE CARRIER
Carrier must forward it, within 7 days of receipt to the board
Medical Expenses
EE entitled to ALL REASONABLE MEDICAL EXPENSES that arise out of the injury
Selection of medical care provider is left to EE
Rehabilitation Benefits
EE can receive rehabilitation services designed to allow her to return to the job
Wage Loss Benefits
EE has a right to benefits for wage losses during recuperation from the injury or illness
Benefit roughly EQUAL TO 2/3 of EE’s AVERAGE WEEKLY WAGES, subject to a maximum and minimum
Death Benefits
Statutorily determined beneficiaries of EE are entitled to monetary death benefit
