11. Workers Compensation Flashcards Preview

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Flashcards in 11. Workers Compensation Deck (8)
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1
Q

Workers Compensation

A

It is a statutory insurance scheme in which individuals that get hurt on the job get a guaranteed recovery, but they are forbidden to sue their employer.

2
Q

How it works

A

The employer, through an insurance company, is obligated to pay benefits to any covered employee if they are injured on the job

3
Q

Does it cover pain and suffering?

A

No

4
Q

Who is covered?

A

Employees are covered, but independent contractors are not.

5
Q

Other excluded people:

A
  1. Teachers (Generally)
  2. Non-manual laborers at not-for profits
  3. Part time household employees
  4. Clergy
6
Q

Exceptions to workers Compensation

A

1: if the P is injured solely due to his own intoxication, no remedy
2: If you intentionally try to injure yourself or someone else, no remedy
3: If you are injured in a voluntary off-duty athletic competition, no remedy

7
Q

What you get

A

All medical expenses
Lost wages (up to 2/3 of average weekly wage)
If you die, there is a specified statutory benefit

8
Q

What effect does workers compensation have on third parties?

A

None. Covered employees remain free to sue third parties that are not their own employer