Unit 20 - Workers' Compensation Activities

worker's compensation law

give employees the right to collect for injury, disability, or death that occurs in the course of employment

assumption of risk

found employers not at fault because employee knew the risk and assumed all of the risk

contributory negligence

if any fault by injured party, they are considered totally at fault

fellow servant rule

if injury was by fellow employee, the employer could not be found at fault

exclusive remedy

benefits stated in the workers comp laws

workers comp exemptions

farm and ag, charitable org, domestic employees/casual laborers, and commissioned real estate agents

disability/loss of income benefits

compensate employees who are unable to work due to work-related injury or disease

medical benefits

pays for the cost of various types of medical services due to employment-related injury.

survivor/death benefits

compensate surviving spouse, other relatives of an employee whose death came from a work-related injury or disease. Includes weekly benefit and stipulated amount for funeral and burial expenses

rehabilitation benefits

medical rehabilitation, like physical therapy.

compensable injuries

time, place and circumstances

compulsory law

employer must accept and comply with all provisions of the law

elective

employer may choose not to be subject to the law

private worker's comp insurance

issued by private insurers. Transfer of obligations from employer to insurance company

monopolistic state funds

requires employers to purchase workers' comp from the state

competitive state funds

gives employers a choice between purchasing private insurance or state fund workers' comp

self-insurance

employers have savings to pay claims

group insurance

groups involved in same business or with a minimum amount of workers' comp

national council on compensation insurance (NCCI)

responsible for developing employment classifications and rates for workers' comp insurance

part 1 - workers' comp insurance

promises to pay all compensation and other benefits required of the insured. No dollar limit applies, except if part of law.

part 2 - employers liability

coverage when the employer is sued outside of the workers' comp laws. ex. exempt employments, illegal employments, no compensable injuries.

part 3 - other states

pays the workers' comp benefits of states listed

part 4 - your duties if injury occurs

addresses the insured's obligations

part 5 - premium

premium

part 6 - conditions

sets the conditions, such as cancellation procedures, subrogation and inspection

voluntary compensation endorsement

covers certain workers that would otherwise not be included like domestic employees and farm workers

longshore and harbor workers' comp act of 1927

provides compensation for lost wages, medical benefits, and rehabilitation services to longshore, harbor and other maritime workers who are injured

federal employers liability act (FELA)

compensation for railroad workers. Allows injured worker ability to sue for negligence and eliminates contributory negligence and assumption of risk defenses. Awards are often more substantial than state workers' comp.

jones act

law that allows members of a ship's crew to sue the employer or ship owner at common law for injuries due to negligence