Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

6 Cards in this Set

  • Front
  • Back
Who is covered? Employees v. Independent Contractors
Employee is covered by workers compensation, Independent contractor is not
Independent contractor are not your employees, should have their own insurance, and don’t get recovery from workers compensation
People Excluded
1) Teacher and non-manual employees who work for non-profits
2) Part-time or domestic employees (babysitter, gardener, cleaning lady)
3) Clergy
Also, remember, indpendent contractor excluded
Scope of Employment
Only get compensation from injuries arising out of the scope of employment:
1) If the injury is due solely to intoxication
2) If the employee either intentionally tries to harm himself or intentionally harms someone else
3) If the injury occurs in the course of a voluntary or off-duty athletic event
4) Horseplay = goofing around on the job – can go either way
Illegal Acts
Illegal acts do not necessarily take you out of the scope of employment
If stealing sticky pads from the office and file cabinet falls on you, that is an on the job injury
Construction worker stealing gutters fell off roof and died = within the scope of employment and get worker’s compensation
If you get worker’s compensation you cannot sue your employer but you can still sue other liable third parties like the manufacturer
Statutory Insurance Scheme which makes insurance the exclusive remedy of employees injured on the job
Key Aspects
Employer is strictly liable but usually there is an insurance policy so the insurance company pays – regardless of liability
There is not tort claim and limited recovery – boss and coworkers are absolutely immune from suit and you are not going to be able to recover pain and suffering or get punitive damages
But, you win even if you were partly/entirely to blame for your own injury and you do not have to go to the expense of litigating