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Chapter 9

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WC Statute

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Terms in this set (54)

a statute that obligates employers, regardless of fault to pay specified medical, disability, rehabilitation and death benefits for their employees' job-related injures and diseases.

Occupational Disease

Disease thought to be caused by work or the work environment.

Temporary Partial Disability (TPD)

a disability caused by a work-related injury or disease that temporarily limits the extent to which a worker can perform job duties; the worker is eventually able to return to full duties and hours

Temporary total disability (TTD)

a disability caused by a work-related injury or disease that renders and injured worker unable to perform any job duties for a period of time.

Permanent Partial disability

A disability caused by a work-related injury or disease that impairs the injured employee's earnings capacity for life. The employee is able to work at a reduced efficiency.

Permanent total disability

A disability cuased by a work-related injury or disease that renders an injured employee unable to ever return to gainful employment.

Include a flat amount for burial expense and partial replacement of the worker's former weekly wage. Allowances varies by state and depends primarily on the number and types of dependents.

A person hired to perform services for another under the direction and control of the other party, called the employer

Independent Contractor

A person (or organization) hired to perform services without being subject to the hirer's direction and control regarding work details.

Temporary Employees

Hired for short-term assignments to cope with peak loads or to replace an employee who is on sick leave or vacation.

WC benefits are supplied by the firm supply employe

Leased Employees

Have all the outwards appearance of regular employees.

Work continuously for the same firm and are subject to control by the firm just as they would be if they were its direct employees.

Technically co-employees of the client company and the leasing contractor. Leasing contractor responsible for payroll taxes, benefits and WC coverage.

United States Longshore and Harbor Workers' Compensation Act (LHWCA)

A federal statute that eliminates the right of most maritime workers (other than crew members of vessels) to sue their employers and, in return, requires such employers to provide injured or ill workers with benefits like those provided by state workers compensation statutes.

Officers and crew members of vessels not covered*

Jones Act (United States Merchant Marine Act of 1920)

A federal statute that permits injured members of a vessel's crew (or survivors of a decreased crew member) to sue their employer for damages due to the employer's negligence.

Branch of federal law that provides additional remedies to crew members such as

1) Lawsuit against the employer for injury resulting from unseaworthiness of the vessel
2) An injured crew member's right to maintenance (food and shelter) and cure (medical attention), regardless of whether the employer was at fault

Federal Employers Liability Act

Provides remedy for interstate railroad workers to sue employers for injuries resulting from negligence.