Worker's Compensation

Front 1

Who is covered? Employees v. Independent Contractors

Back 1

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

Front 2

People Excluded

Back 2

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

Front 3

Scope of Employment

Back 3

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

Front 4

Illegal Acts

Back 4

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

Front 5

Definition

Back 5

Statutory Insurance Scheme which makes insurance the exclusive remedy of employees injured on the job

Front 6

Key Aspects

Back 6

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