Flashcards in Workers' Comp Deck (12)
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1
What is the New York WCL require?
New York WCL requires:
- every employer provide compensation
- to its employees
- for disability or death
- resulting from accidental injury
- arising out of & in the course of employment
- w/o regard of fault
2
Who is eligible to receive Workers Comp?
- Employees
- person who performs work for a for-profit employer
- certain farm laborers
- worker engaged in "hazardous employment"
- domestic worker employed by same employer for 40 hr/wk
- civil defense volunteer
- person who performs work for a for-profit employer
- certain farm laborers
- worker engaged in "hazardous employment"
- domestic worker employed by same employer for 40 hr/wk
- civil defense volunteer
3
Who is not eleigile for workers' compensation?
Non-employees
- babysitters
- Federal employees
- Municipal workers
- People performing non-manual work for religious, charitable or educational institutions
- Employees covered by Fed WC
- Members of a religous order
Any person incarerated for a felony
4
What injuries are covered under WC?
- accidental physical injury plus disease/infection that naturally & unavoidably results from the injury
- pure emotional distress or stress injury that is more than usual workplace stress (mental diseases)
-
occupational disease that results from the nature of employment & is contracted during the employment
- death resulting from any of the covered injuries
5
What causes of injury or death is not covered under WC?
- intentional wrongdoing of employee/co-employee
- commute to & from work
- employee use of drugs/alcohol while on duty
- voluntary athletic activity unless the employer:
- employee to participate
- compensate employee to participate
- otherwise sponsors the activity
- employee to participate
- compensate employee to participate
- otherwise sponsors the activity
6
What is the liability of the employer?
- liability against the employer is exclusive
- precludes any other liability as a result of covered injuries
- the fact that the employee was injured due to the fault or negligence of a 3rd pty does ot affect the employer's liability
- employer can have a CoA against 3rd pty to recover amt paid for med expenses
- employer can have a CoA against 3rd pty to recover amt paid for med expenses
7
What remedies does the employer have against 3rd pty?
- although an employee or its dependents may accept compensation & benefits from WC AND a 3rd pty
- the state insurance fund or insurance carrier can have a lien against th 3rd pty compensation for the amount received under WCl
8
What is the subrrogation of rights under WCL?
- If an employee or its dependents fail to seek recovery from a responsible 3rd pty w/in the time limit, the right to bring a CoA is thereby constitutes an assignment of the CoA to the state insurance fund or other insurance carrier
- If the state insurace fund gets money in excess of what they gave the employee under WCL, then they have to give the employee 2/3 of the excess
9
What benefits do you receive under WCL?
- Medical
- Compensation
10
What medical benefits are covered under WCL?
- medicial reinbursement based on a state schedule
- payment made to the physiian/hospital/etc only for treatment arising from a covered injury
11
What compensation benefits are provided under WCL?
- calculated based on employee's avg. wkly wage @ time of accident
- compensation for death include funeral expenses
- compensation doubled if employee was minor or working in violation of law @ time of accident
- comp received is exempt from claims of creditors or recovery for collection
12
What is the notice requirement for WCL?
- if a compensable injury or death, notice must be:
- in writing
- w/in 30 days of
- accident causing injury or
- death resulting from the injury
- EXCEPTION to 30 day rule
- employee unable to give notice for a sufficient reason
- employer has knowledge or the accident or death
- lack of notice w/in 30 does not prejudice the employer
- in writing
- w/in 30 days of
- accident causing injury or
- death resulting from the injury
- employee unable to give notice for a sufficient reason
- employer has knowledge or the accident or death
- lack of notice w/in 30 does not prejudice the employer
