Workers' Compensation

What benefits does Workers' Compensation provide an injured employee?

1. All medical expenses 2. 2/3 of average weekly wage 3. If P dies, he gets statutorily specified benefit

What is Workers' Compensation?

A statutory insurance scheme, designed to be the exclusive remedy of a covered employee who sustains a job-related injury (so employee has no negligence claim regardless of any fault by employer).

Who is covered by Workers' Compensation?

Generally ALL employees, EXCEPT: 1. Independent contractors 2. Teachers 3. Part-time household employees (e.g. maids) 4. Clergy

What injuries are covered?

Generally, any injury that occurs in the course of employment is covered. This includes injury received while employee is acting illegally (if in course of employment) and injury arising from horse play on the job.

What injuries are NOT covered by Workers' Compensation?

Injuries that: 1. Occur due to employee's own intoxication 2. Are self-inflicted 3. Occur during a voluntary off-duty athletic activity

Workers Compensation Funding

Joint federal and state program that is regulated at the state level. Employers w/ 10 or more employees or high risk employers must pay a % of each employee salary to the workers compensation board of the state.

Is the employee barred from litigating?

Yes, employee is barred from litigating against employer or co-workers. Exception: Employee can sue co-worker if co-worker was acting outside the scope of his employment. Employee can also still sue third-parties.

Federal Employees' Compensation Act (FECA)

a federal law that provides workers' compensation insurance for civilian employees of the federal government.

Eligibility requirements

injured doing YOUR job, perfoming a service required by employer, prove disorder is directly related to job......