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10 Cards in this Set
- Front
- Back
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What is the exclusive remedy for employees injured on job against employer?
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Worker's compensation.
1. employer will be strictly liable under scheme 2. employer is thus immune from tort suit 3. Plaintiff does not get pain and suffering or punitive damages 4. Disputes over coverage handled administratively. |
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Who is covered and who is not covered?
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Most employees covered.
EXCLUSIONS: 1. teachers 2. white collar employees working for non-profits 3. part-time household employees 4. clergy |
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What injuries are covered?
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Generally, anything arising out of employment, including death.
EXCLUSIONS: 1. employee's injury due solely to intoxication 2. employee intentionally injured himself 3. if get hurt in off-duty athletic activity |
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What are remedies available under worker's compensation?
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1. ALL medical expenses
2. 2/3 average weekly rate of employment 3. If death, statutory death benefit PLUS funeral expenses |
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Who is employee still free to sue?
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1. equipment manufacturers
2. on contractor site, anyone you are not working for |
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What if third party seeks indemnification from employer?
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Generally not permitted UNLESS GRAVE INJURY (death, amputation, loss of index finger, loss of multiple fingers, etc.)
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What if employee fails to bring his claim against third party within 6 months after paid worker's comp benefits?
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His claim is assigned, by operation of law, the the workers' compensation insurance carrier 30 days after written notice to employee. If carrier recovers a sum exceeding what employee received in benefits, it shall play employee 2/3ds of such excess.
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Can an employee waive his rights to workers' compensation?
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NO
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When may compensation benefits be suspended?
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During period of claimant's incarceration upon conviction of a crime.
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What happens if employer failed to provide compensation insurance?
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Injured employee may elect to assert claim for benefits or sue in tort. In latter case employer cannot raise fellow servant rule, assumption of risk, or contributory negligence as defense.
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