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9 Cards in this Set

  • Front
  • Back
Can an employee who has taken advantage of worker's compensation still sue in tort?
No
What kinds of damages are NOT covered by worker's compensation?
1) pain and suffering
2) punitive damages
Who is covered by worker's compensation?
almost everyone
Who is NOT covered by worker's compensation?
1) Teachers and other non-manual labors at educational, non-profit, and religious institutions

2) Part-time and other domestic employees

3) Independent contractors
What injuries are covered by worker's compensation?
Almost all injuries
What injuries are NOT covered by worker's compensation?
1) Injury solely due to employee intoxication

2) Employee intentionally caused injury to himself

3) Injury occurs in a voluntary, off-duty athletic activity
Does worker's compensation cover injuries due to illegal acts by employees?
Yes
When are injuries caused by "horseplay" covered by worker's compensation?
Recovery is decided on a case-by-case basis

Minor horseplay → workers comp

Major horseplay outside scope of employment → no workers comp
May an employee who has taken advantage of worker's compensation sue a third party (non-employer) in tort?
Yes