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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

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

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

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