WD/survival and workers comp

Question 1

workers comp

what does workers comp provide

Answer 1

an exclusive remedy for an employee against their employer or co-employee where the terms of the statute are not met

the compromise allows the injured employee to recover benefits pursuant to the statute, but the employer and co-employee will be immune from civil tort lawsuits (except intentional acts)

Question 2

workers comp

what are the elements for workers comp

Answer 2

1. employee/employer relationship (beware independent contractors)
2. compensable injury
3. injury arises out of and in the course of employment

Question 3

workers comp

what does “arises out of” constitute

Answer 3

an inquiry into the character or origin of risk (was this a job-related risk?)

Question 4

what does “course of employment” constitute

Answer 4

accident occurs during the time of employment and at a place contemplated by the employment

Question 5

WD/survival

what does WD allow

Answer 5

beneficiaries can recover damages suffered by the beneficiaries (loss of love, affection, services, support, society, and grief)

Question 6

WD/survival

what does the survival action allow

Answer 6

designated beneficiaries can recover damages which the victim could’ve recovered had he lived (medical expenses, lost wages, pain and suffering, mental anguish)

Question 7

WD/survival

who are the designated beneficiaries for these actions

Answer 7

1. surviving spouse and/or children
2. surviving parents
3. surviving brothers and sisters
4. surviving grandparents
5. succession representative

Question 8

WD/survival

how are damages divided for these actions

Answer 8

divided equally amongst beneficiaries and only one category may be able to recover