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10 Cards in this Set
- Front
- Back
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Under workers' comp can you sue your boss in tort?
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No, trade off, the employer is strictly liable but you can't sue in tort.
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Can the employee collect workers' comp if they are negligent?
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Yes, only won't collect if
1. the injury was solely due to the employee's intoxication 2. employee intentionally caused the injury to himself 3. injury occurs in a voluntary, off-duty athletic activity |
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Under workers' comp do you get pain and suffering or punitve damages?
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no
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Who is covered by workers' comp?
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almost all employees with a few exceptions:
1. teachers and other non manual laborers, education, religious, non profit 2. domestic workers bar exam trick - independent contractors are not employees - not covered by workers' comp |
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Are independetn contractors covered by workers' comp?
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no, they are not employees
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What injuries are covered by workers' comp?
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Only a handful of exclusions:
1. the injury was solely due to the employee's intoxication 2. employee intentionally caused the injury to himself 3. injury occurs in a voluntary, off-duty athletic activity |
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Are illegal acts by the employee covered by workers' comp?
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Yes
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What benefits do you get for workers' comp?
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2/3 salary, all medical expenses, in the case of death some amount plus funeral expenses
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Is horse play covered by workers' comp?
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depends, if outside the scope of employment won't collect
Utah baker |
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Can a covered employee sue a 3rd party whose conduct may have contributed to the injury?
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yes, under two scenarios
1. injured while using an industrial piece of equipment a. can collect workers' comp from boss and can sue the maker of the equipment 2. construction - general and sub contractors a. sub has an employee - workers' comp b. if the general contractor was negligent can sue |
