when was the 1st work comp act passed? - Correct
Answer-1911, SEVENTEEN DAYS AFTER THE
DEVISTATING FIRE AT THE TRIANGLE
SHIRTWAIST COMPANY FACTORY IN NEW YORK
TOOK 146 LIVES
WHAT ARE THE 3 COMPONENTS OF THE WORK
COMP SYSTEM - Correct Answer-1. NO FAULT
2. EXCLUSIVE REMEDY
3. ASSURED FIXED BENEFIT
NO FAULT - Correct Answer-e employer is required
to pay benefits no matter who caused the injury, as
long as the injury arose out of or occurred in the
course of employment.
EXCLUSIVE REMEDY - Correct Answer-less the
employer is uninsured, the worker cannot pursue
other forms of recovery from the employer, even if
the employer was grossly negligent.
ASSURED AND FIXED BENEFIT - Correct Answer-
The workers' compensation system establishes
, defined benefits, which must be paid for by the
employer. Workers' compensation awards are
typically far less than comparable negligence
awards in a civil suit. For example, although the
maximum workers' compensation death benefit may
be far less than the possible award in a civil
wrongful death suit, a civil action may take years to
resolve while a death claim can be re-solved in as
little as a few months. Additional recoveries are
available to employees for an employer's serious
and willful misconduct and unlawful discrimination
(Labor Code § 132a and § 4553). Although group
health coverage may include arbitrary limits on the
extent of treatment covered, workers'
compensation is a statutory benefit with no
arbitrary limits on the frequency, duration, or
extent of services.
WHAT TYPE OF INJYURIES ARE EXCLUDED -
Correct Answer-deliberately self-inflicted injuries
are excluded from coverage
WHAT HAPPENS IF THE INJURY IS DUE TO
SERIOUS MISCONDUCT OF THE EMPLOYER? -
Correct Answer-For injuries that result from the
serious and willful misconduct of the employer, the
employee's compensation is increased by half
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