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6 Cards in this Set
- Front
- Back
Test to determine if a Worker’s Injury is compensable: |
An Employee’s injury is compensable under the act IF it: 1) “ARISES OUT OF,” AND 2) Occurs “IN THE COURSE OF EMPLOYMENT” |
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"Arises Out Of" Definition: |
The injury is a “Natural and Probable consequence” of the employment. |
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"In the Course of Employment" Definition: |
The injury occurs WHILE the employee is doing something Reasonably Expected of him, and it happens:
1) During the [regular] TIME of his employment (work hours),
2) At the [regular] PLACE of his employment (at the office), and
3) Under the circumstances of the employment |
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Test to determine if it was a Work Related Injury: |
1) It happens while at work
2) It happens during work hours
3) It happens while employee was doing an activity that the employer authorized
4) It happens during activity done in order to benefit the business
5) It was not a personal activity |
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For Injuries to be compensable under Workers' Comp, they must: |
1) Come from “Accidents”
2) Occur while employee is performing duties authorized by the employer in furtherance of the business
3) Have some CAUSAL CONNECTION between the employment & the injury
4) Be PECULIAR to the job, and NOT a common threat to the general public |
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An Assault may be classified as an “accident” IF: |
1) It is not expected or instigated by the employee,
2) It derives from danger particular to the job and is NOT common in everyday life, and
3) The motive surrounding the assault is NOT personal in nature, nor unrelated to the employment |