Employment Law - Workers Comp

Front 1

Workers Comp (def)

Back 1

Requires that
- an employee
- gets reasonable compensation
- for workplace injuries

Front 2

Workers comp (employer gets)

Back 2

o Quick remedy
o Simple remedy: no filing a law suit
o Broad coverage:
- All injuries
- Medical bills
o Strict liability

Front 3

Workers comp (employee gets)

Back 3

o Predictable outcome
o Exclusive remedy (preempts tort claims with some exceptions)

Front 4

Workers comp (society gets)

Back 4

o Enhanced ability for businesses to operate
o Employer has incentive to avoid accidents to keep experience rating, and this costs down
o Employer has less incentive to hide facts

Front 5

Exclusivity principle

Back 5

Workers comp is the exclusive remedy when an employee is injured on the job. This is an extremely broad remedy and will apply unless
- Gross negligence (in most states)
- Willful wanton behavior by employer (Mandolidis v. Elkins)

Front 6

Dual Capacity Exception (def +req (2))

Back 6

An employee can bring a claim outside of workers comp if the employer has a duty of care that arises independently of any employment relationship.
Must show there was an independent duty of care- That they were not injured in their capacity as an employee.
Turns on whether:
1) The employee was on or off the clock
2) Whether the business was open to the public

Front 7

Workers Comp Reqs (3)

Back 7

1) Injury
2) Injured party is an employee
3) Injury in course of employment

Front 8

Injury (workers comp)

Back 8

There must be an injury that is related to employment.

Front 9

Mental Injury (workers comp)

Back 9

There must be a rational connection between work the injury and the work/employment. i.e. there has to be some reasonable connection, not just one that a specific person freaks out about, between the injury and the work.

Front 10

Preexisting Injury (workers comp)

Back 10

Can have an impact on how much workers comp covers.
- In some cases the cost may have to be borne by the previous employer.

Front 11

Types of causal injuries (workers comp) (3)

Back 11

It is possible for one type of an injury to lead to another. Below are the possibilities listed from easiest to hardest to prove:
i. Physical leading to mental
ii. Mental leading to physical
iii. Mental leading to more mental

Front 12

Employee (workers comp)

Back 12

???? ADD AFTER RESPONSE FROM PROF

Front 13

In course of employment (workers comp) - violation safety regulation (4)

Back 13

An act will be considered outside of employment, barring workers comp, only if:
i. Employer informs the employee of the regulation
ii. Employee understands the regulation
iii. Employer didn’t knowingly accept benefit of a violation
iv. Injury is the result of the rule breaking

Front 14

Bunkhouse Rule

Back 14

When an employer provides housing, then housing related injuries are covered by workers comp.