Workers' Compensation

Question 1

What is workers’ comp? (4 elements)

Answer 1

1. Exclusive remedy (no suing)
2. For an employee
3. Against employer AND co-workers
4. For a work injury

Question 2

What five categories of workers are not included in workers’ comp?

Answer 2

1. Independent contractors
2. Teachers
3. White-collar employees of nonprofits
4. Part-time household employees
5. Clergy

Question 3

Who can you still sue when covered by workers’ comp?

Answer 3

1. Makers of equipment
2. Other hierarchy of contractors (general contractor if you’re hired by a sub-contractor)

Question 4

What injuries are covered under workers’ comp?

(Injuries sustained during employment, including these three categories)

Answer 4

Anything that happens during employment, including:

1. Your duties,
2. Illegal acts committed on the job!, and
3. Horseplay (to an extent)

Question 5

What injuries are NOT covered under workers’ comp? (4)

Answer 5

1. Those solely due to own intoxication;
2. Intentionally trying to injure yourself or others;
3. Injury during a voluntary, off-duty athletic activity; AND
4. Activities exceeding reasonable horseplay

Question 6

What two types of damages may not be recovered in a workers’ comp claim?

Answer 6

1. Pain and suffering
2. Punitive damages

Question 7

What benefits may be recovered in a workers’ comp claim? (3 categories)

Answer 7

1. All medical expenses
2. Lost wages up to 2/3 of weekly average
3. Death - statutory amount

Question 8

When is the exclusivity of workers’ comp unavailable to co-employees?

(i.e., When can you sue a co-employee despite getting workers comp?)

Answer 8

1. When co-employee is acting outside of the scope of his employment, OR
2. When he engaged in a willful or intentional tort