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9 Cards in this Set
- Front
- Back
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What is worker's compensation?
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Worker's Compensation is a statutory insurnace scheme and it becomes the exclusive remedy of covered employees injured on the job.
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How does workers' comp work?
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Individuals in the workforce who get hurt at work get automatic recovery through their boss. In effect, therefore, the employer is strictly liable. But, the flip side is that the injured worker cannot bring a tort suit. The worker's comp remedy is the EXCLUSIVE remedy.
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What are the positive attributes of workers' comp?
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Get money quick; don't have to show fault.
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What are the negative attributes of workers' comp?
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Can't get pain and suffering or punitive damages.
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Who is covered?
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Almost all employees, but there are some limitations:
1) Doesn't cover independent contractors; 2) Teachers and other white collar workers at non-profit organizations are not covered by worker's comp - they can sue in tort, but don't get the workers' comp benefits; 3)Part-time household employees (e.g., babysitter, weekly cleaning person); 4) Clergy members. |
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What kind of injuries does it cover?
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Pretty much any injury on the job, but there are some exceptions:
1) An injury that is solely due to the intoxication of the EE is not covered; 2) If you intentionlaly injure yourself on the job; 3) Any injuries that take place in voluntary, off-duty athletic activity are not covered; 4) (Half-exception) Horse-play |
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What is the rule for horse-play?
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1) Where the injury takes place with frivolous recreational activity at the job site, it's covered;
2) BUT, if horse-play is so far off from teh job, you can't recover (e.g., three guys on cleaning crew at industrial bakery playing hide and seek and one guy goes in mixer and they turn it on - not covered) |
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What do you get under workers' comp?
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1) All out of pocket medical expenses;
2) 2/3 of lost salary; 3) If fatal accident, you get a death benefit specified by statute plus funeral expenses. |
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What is the implication of the fact that worker's comp is an exclusive remedy?
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Can't sue the employer, but you remain free to sue anybody else. E.g., if you get hurt by a machine at work, you can sue the manufacturer. The only people you can't sue are:
1) Your OWN boss; 2) Your co-workers (UNLESS they acted outside the scope of employment, or they acted intentionally) |
