11. Workers Compensation Flashcards Preview

BARBRI - Torts > 11. Workers Compensation > Flashcards

Flashcards in 11. Workers Compensation Deck (8)
Loading flashcards...

Workers Compensation

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.


How it works

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


Does it cover pain and suffering?



Who is covered?

Employees are covered, but independent contractors are not.


Other excluded people:

1. Teachers (Generally)

2. Non-manual laborers at not-for profits

3. Part time household employees

4. Clergy


Exceptions to workers Compensation

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


What you get

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


What effect does workers compensation have on third parties?

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