Workers' Compensation

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Author:
apgiering
ID:
94294
Filename:
Workers' Compensation
Updated:
2011-07-17 12:07:49
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NY Bar Exam
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NY Bar Exam
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  1. When does an injured employee find her exclusive remedy under the provisions of the Workers' Compensation Law?
    If she is injured on the job, and the employer has provided workers' compensation coverage.
  2. Who decides whether the plaintiff is an employee and whether the accident is job-related?
    The Workers' Compensation Board.
  3. Which employees are entitled to workers' compensation benefits?
    • One employed in any business, trade, or occupation carried on by the employer for profit, excluding farm laborers;
    • One employed in any of the defined "hazardous employments";
    • Certain farm laborers; and
    • Certain domestic workers.
  4. Which employees are excluded from workers' compensation benefits?
    • Any person engaged in teaching or nonmanual work for religious, charitable, or educational institutions;
    • Babysitters; and
    • Spiritual leaders and members of a religious order.
  5. What are workers' compensation benefits provided for?
    • Accidental injuries arising out of and in the course of employment, and such disease or infection as may naturally and unavoidably result therefrom;
    • Death resulting from such injury; and
    • Occupational disease resulting in disability or death.
  6. When are employers subject to the Workers' Compensation Law not liable for compensation?
    • When the injury is solely occasioned by intoxication by the injured employee while on duty;
    • Solely occasioned by willful intention of the injured employee to bring about the injury or death of himself or another; or
    • Incurred during voluntary participation in an off-duty athletic activity.
  7. Are employees injured while committing an illegal act in the course of employment covered by workers' compensation?
    Yes.
  8. What is an employee's exclusive remedy against his employer and co-employees if injured on the job?
    His claim for benefits under Workers' Compensation Law.

    However, a co-employee not acting within the scope of his employment who has engaged in a willful or intentional tort is subject to a common law tort action. If the injury is not work connected, a common law action may be maintained against the employer.
  9. Can an employee entitled to recover under Workers' Compensation Law still maintain an ordinary common law tort action against the third party?
    Yes.
  10. If an employee entitled to recover under Workers' Compensation Law maintains an ordinary common law tort action against a third party, can the third party seek contribution from the employer?
    Only if the employee sustained a grave injury.
  11. Is an employee entitled to double recovery for the same injury?
    No. The workers' compensation insurance carrier has a right of reimbursement out of damages recovered in a third-party action to the extent of workers' compensation benefits it paid to the employee.
  12. If an employee covered under workers' compensation recovers from a third party, does the workers' compensation insurance carrier have a right of reimbursement out of damages recovered?
    Yes, to the extent of workers' compensation benefits it paid to the employee. The employee is not entitled to double recovery for the same injury.
  13. Can a claimant who accepts workers' compensation benefits maintain a wrongful death action against the deceased worker's former employer for intentional assault?
    No.
  14. What is the effect of an employer's failure to secure compensation insurance?
    An injured employee may elect to assert a claim for compensation beenfits or to sue the employer in tort. In the latter case the employer may not raise the fellow servant rule, assumption of risk, or contributory negligence as defenses.
  15. If an employer fails to secure compensation insurance and the injured employee sues the employer in tort, what defenses can the employer not raise?
    The fellow servant rule, assumption of risk, or contributory negligence.
  16. What are the benefits that workers' compensation includes?
    • All required medical services, medication, or apparatus;
    • Compensation in the event of disability from work caused by covered injury (compensation is generally two-thirds of average weekly wages);
    • Death benefits according to statutory schedule and funeral expenses;
    • Double compensation and death benefits for injured minors illegally employed.
  17. How is workers' compensation generally paid?
    Periodically, but an award for a permanent partial disability is payable in one lump sum, without commutation to present value, upon the claimant's request.
  18. How is an award for permanent partial disability payable under the Workers' Compensation Law?
    In one lump sum, without commutation to present value, upon the claimant's request.
  19. What happens to the claim of an employee injured in the couse of employment by the negligence or other fault of one not his employer or co-employee, if the employee fails to bring the third-party action within six months after an award of compensation benefits?
    The claim is assigned, by operation of law, to the workers' compensation insurance carrier 30 days after the carrier's written notice to the employee.

    If the carrier, as assignee, recovers from the third party a sum exceeding the total amount of compensation awarded to the injured employee, it shall pay to the employee two-thirds of such excess.
  20. Is an agreement by the employee to contribute to compensation insurance premiums or to waive his right to workers' compensation valid?
    No, it is void.
  21. Are compensation benefits exempt from claims of creditors?
    No. This exemption cannot be waived.
  22. Is an illegitimate child claiming death benefits of a deceased worker required to prove acknowledgement as a prerequisite to his claim?
    No.
  23. Can compensation benefits be suspended during the period of claimant's incarceration upon conviction of a crime?
    Yes.

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