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Workers Comp
Bar Review
8
Law
Post-Graduate
07/05/2007

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Cards

Term
What is workers compensation?
Definition
Worker's ompensation is an statutory insurance scheme that provides an exclusive remedy against employers. The employer is strictly liable for any injuries sustained by the employee while in the course of employemnt. The employer, however, is not subject to tort liability in court. Employees cannot sue co-workers either. Under this scheme employees are not given damages for pain and suffering or punitive damages.
Term
Who decides whether the employer is strictly liable?
Definition
There is an administrative body.
Term
Can employees sue others?
Definition
They cannot sue employer or employees, but they can sue manufacturers or affiliated third parties.
Term
Are independent contractors covered by worker's compensation?
Definition
No.
Term
What types of employees are notcovered by worker's compensation?
Definition
teachers, white collar employees who work for non-profits, part-time household employees and clergy.
Term
When will an employee not recover under the worker's comp statutroy insurance scheme?
Definition
1. When the employee is intoxicated at work. 2. When the employee intentionally injures himself. 3. If an E is injured at an optional company softball game.
Term
What are borderline cases where employees are covered?
Definition
1. E committed an illegal act whle working on job. 2. Horseplay cases... provided that the horseplay is during, not after work.
Term
Employees who are covered by worker's comp, what do they get?
Definition
medical expenses plus 2/3 of avg weekly wage rate. . . If you the employee dies employee gets statutory death benefits and funeral expenses
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