Introduction to Employment Law and Workers' Compensation

Vocabulary flashcards covering the distinctions between employees and independent contractors, employer and employee duties, and the fundamentals of state workers' compensation laws.

Independent Contractor

A person or agent who takes on a project to completion under his or her own control, with the freedom to choose their own schedule and equipment.

Employee

A worker who is typically compensated for hours put in on behalf of a company, receives direct supervision, and follows employer-mandated schedules and procedures.

Common Law Control Test

Criteria used by courts to determine worker status by looking at the degree of employer control, worker investment, opportunity for profit, and required specialized skills.

On-the-job Safety

A paramount employer duty developed since the late nineteen seventies that requires providing proper training, supervision, and necessary safety equipment like hard hats.

Employment at Will

A legal doctrine stating that employment can be terminated by an employer or left by an employee at any time, provided it is not for discriminatory reasons or a violation of a contract or statute.

Workers' Compensation

A state-administered insurance program funded by employers that serves as the exclusive remedy for employees injured within the scope of their employment.

Scope of Employment

The legal boundary used to determine if an injury occurred during the course of work responsibilities, which the employee must prove to recover workers' compensation benefits.

Schedule of Benefits

A specific statutory list that designates the monetary value of lost body parts, such as an arm or a toe, varying from state to state.

Trade Secrets

Confidential information that an employee has a legal duty to maintain and not disclose, even after their employment relationship has ended.

Conflict of Interest

A situation where an employee's outside activities clash with their duties to their employer, which employees have a legal duty to avoid.

Compensatory Damages

The type of recovery provided by workers' compensation, limited to medical bills, lost wages, and disability ratings, excluding pain and suffering or punitive damages.

Death Benefits

Benefits entitled to the dependents of an employee, such as a spouse or children, if the worker dies while within the scope of their employment.

Good Samaritan Law

A legal concept mentioned in the context of an employee performing actions like CPR that may fall outside their specific job description during an emergency.