Chapter 20

3. Elements required for a successful workers compensation claim:

1. Claimant is an employee, as opposed to an independent contractor. 2. Both claimant and employer are covered by the state workers compensation statute 3. The injury occurred while the claimant was on the job and acting within the scope of the claimants employment.

4. FMLA (Family and medical leave act)

a. A law designed to guarantee that workers facing a medical catastrophe or certain specified family responsibilities will be able to take needed time off from work without pay but without losing medical benefits or their jobs. b. The act covers i. All public and private employers of 50 or more employees. For at least one year. ii. The policy must provide all eligible employees with up to 12 weeks of leave c. Examples i. Birth of a child ii. Adoption of a child iii. The placement of a foster child in the employees care iv. The care of a seriously ill spouse, parent, or child v. A serious health condition that renders the employee unable to preform any of the essential functions of his or her job.

5. OSH Act (Occupational Safety and Health Act)

a. A regulatory act designed to provide a workplace free from recognized hazards that are likely to cause death or serious harm to employees.

9. Employee Privacy

a. Employers are allowed to ban personal calls, and monitor calls for compliance, but once they determine that a call is personal, they are not allowed to continue listening to the conversation. b. Email, Employers can check your email, they can see your private email and company email on a company computer (cannot intentionally intercept).

1. Wage and hour laws

a. FLSA: Fair labor standards act, which covers all employers engaged in interstate commerce or the production of goods for interstate commerce.

7. Cobra

a. If you leave a job, for up to 18 months (Or until another Job) you can keep previous health insurance plan, you must pay premiums i. 30 Day delay makes it hard to switch over immediately

11. Drug Testing

a. Must agree to be tested, can take hair, blood or urine samples, usually when assuming a job it is in your job description i. If you test positive, no workers comp + probably fired

8. Hippa

a. Portability with health insurance, if you have had continuous health care coverage, the new health care plan cannot deny you for pre-existing conditions b. PP - Privacy and Portability

2. Workers compensation laws:

a. State laws that provide financial compensation to covered employees or their defendants when employees are injured on the job. b. To recover workers compensation benefits, the injured party must demonstrate that she or he is an employee as opposed to being an independent contractor. Ex. A broker hired by a firm to sell a piece of property is an example of an independent contractor. c. The employee must establish that the injury occurred on the job, meaning it must have taken place during the time and within the scope of the claimant's employment. d. Special hazardous exception: applies when a necessary means of access to the employers premises presents a special risk, even if the hazardous area is beyond the control of the employer. e. When an employee is requested to run an errand for the employer on the way to or from work. Compensation is usually allowed for injuries sustained during the course of running the errand. f. If an employee gets injured while temporarily staying away from home, the employer might have to provide compensation.

6. OSHA

a. The agency responsible for setting and enforcing standards for occupational health and safety. b. 4 steps i. The agency asks whether the hazard presents a significant risk that warrants intervention ii. If it does, OSHA decides if regulatory action can reduce the risk iii. If it can the agency establishes a standard to reduce the risk. iv. OSHA then analyzes the cost effectiveness of the implementation. c. Inspectors can come in and fine you, could escalate to a criminal affair, though civil is much more likely.

10. Indemnity benefits

a. They will pay 2/3rd of your average weekly wage