Term
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Definition
| If they have workers' compensation, their exclusive remedy is through this law. Workers' Comp Board determines if the person is an employee and the injury was job-related. |
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Term
Workers Comp:
Employees Covered (3) |
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Definition
1. Employed by any business or in any capacity carried on by employer for PROFIT - excludes farm laborers
2. Employed in any "hazardous employments"
3. certain farm laborers |
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Term
Workers Comp:
Excluded Employees |
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Definition
| teachers, nonmanual work for religious orgs or educational or charity, domestic servants, babysitters, spiritual leaders |
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Term
Workers Comp:
Casualties Covered (3) |
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Definition
1. accidental injuries and related infections/diseases arising in course of employment
2. Death from such injury
3. occupational disease resulting in disability or death |
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Term
Workers Comp:
Extent of Liability (3) |
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Definition
Not liable if:
1. due solely to intoxication
2. solely to willful intent to hurt/kill self or another.
3. off-duty athletic activity
**Those committing illegal act while working are covered. |
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Term
Workers Comp:
Extent of Remedy: employer and co-workers |
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Definition
Claim under worker's comp is exclusive claim against employer AND co-employees. BUT co-worker not w/in scope of employment who committed intentional/willful tort gets CL tort action.
If injury not work related, CL tort against employer too. |
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Term
Workers Comp:
Extent of Remedy: 3rd parties |
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Definition
May still sue 3rd party in tort.
3rd may not seek contribution from employer UNLESS grave injury.
Workers' comp fund may reimburse itself from that award - no right to double recovery. |
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Term
Workers Comp:
Wrongful Death and Workers' Comp |
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Definition
| If you accept workers' comp, barred from seeking wrongful death action against employer for intentional assault. |
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Term
Workers Comp:
Employer's Failure to have comp insurance |
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Definition
P may assert claim for benefits OR sue in tort.
If in tort - employer may not argue: fellow servant rule, assumption of risk, or contributory negligence. |
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Term
Workers Comp:
Extent of Benefits (4) |
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Definition
Includes:
1. required medical service/equipmt
2. disability compensation (2/3 weekly wages)
3. death and funeral benefits (statutory schedule)
4. double compensation for illegally employed minors. |
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Term
Workers Comp:
Subrogation and Assignment of Claims against 3rd party |
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Definition
| If he fails to bring action against 3rd party w/n 6 mos. of award of workers' comp benefits, the insurance carrier may take the claim. If they win more than they paid to employee, they give him 2/3 of the excess. |
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Term
Workers Comp:
Contributions to Insurance |
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Definition
| Void if by employee (agreements with this clause are void too). |
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Term
Workers Comp:
Waiving right to compensation |
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Definition
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Term
Workers Comp:
Incarceration |
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Definition
| Benefits suspended while incarcerated |
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Term
No Fault Insurance:
Purpose |
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Definition
| to screen minor suits out of litigation. For personal injury, you must plead past the no-fault threshold. Claim begins to run from date of accident. |
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Term
No Fault Insurance:
Prerequisite to Registration |
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Definition
Insurance is required in NY, including no-fault.
Some may self-insure, but must also comply with no-fault. |
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