Create
Learn
Share

WORK COMP

rename
letesasu's version from 2017-05-04 02:20

Section 1

Question Answer
Arise out of and in the course of employmenttime, place, circumstances of injury, location
workers compno fault system
Elements that determine work relationshipcause, time, place, and work activities
It is a no fault system but some states allow exclusions for the followingwillful misconduct, violation of safety rules, impairment, self-inflicted injury.
What is positional risk?When employment places the worker in the time and place of the injury that would have not occurred otherwise.
What is street risk?in public risk for everyone. maybe compensable if employee is at more risk than public.
"Acts of God" - what is used to determine if lightening strikes and other weather related events are compensable?if the employee is outside due to employment for longer period of time than public.
What is idiopathic injury?injury brought on by personal condition. ex. inner ear problem lost balance.
What is a resulting injury in relation to an idiopathic injury? Is it compensable?it is compensable if the injury resulted after or due to work hazards.
Are assaults from fellow employees typically compensable?if personal, maybe depends circumstances. Robbery yes, or conflict about work, yes.
An employee might be injured while performing personal activities (eating, drinking, grooming), are those typically compensable in most states?typically yes if the injury is reasonable in type and duration.
horseplay in the workplace compensable?if participating no. If a victim and not involved yes.
what law drives the decision? if that is absent what else? State law then Case law
memorize

Section 2

Question Answer
limited benefitsthe exclusive remedy for injured workers against their employers.
give signs of questionable claimsangry employee, denied days off, financial trouble, contradicting stories, injured friday,no witness, no promotion.
dual capacity doctrine (spouses death)a principle whereby a defendant who has two or more relationships with a plaintiff may be liable under any of these relationships.
general duty of caretraining, safe spaces, warnings, rules
coming and going ruleemployers not responsible for injuries to and from work. Unless part of job is traveling site to site
Indemnityan employee becomes injured on the job and cannot return to work until he heals or his injury becomes permanent and stable (MMI).
main classes of employee'semployee, independent contractor, statutory employees
Four elements that tie injury to employmentCause of Injury, Worker’s Activities, Place of Injury, Time of Injury
memorize