Workers Compensation

Front

3 COMMON DEFENSES FOR EMPLOYERS

Back

contributory negligence-injured ANY fault, can't collect

assumption of risk-knew risk

fellow servant rule-fellow employee causes, employer not at fault

Front

WORKERS COMPENSATION

Back

no fault-hurt on job, can't sue & employer can't use defenses-must pay regardless of fault and EXCLUSIVE REMEDY (employee can't sue)

Front

COMPETITIVE VS MONOPOLISTIC SYSTEMS

Back

Competitive-insurers compete for service and price (MI)

Monopolistic-state govt collects $ from employers and pays injured employees

Front

COMPULSORY VS ELECTIVE SYSTEMS

Back

Compulsory-(MI) employer must purchase

Elective-employer can choose not to purchase (still can't use common law defenses and can get sued)

Front

5 WAYS TO MEET WORKERS COMP LAWS

Back

private insurance (competitive)

bought from state (monopolistic)

bought privately from state (competitive-compete with insurers)

self insurance (employers savings for claims)

same businesses (pooling premiums/losses)

Front

MUST CARRY WORKERS COMP
(REQUIREMENTS)

Back

private nonagric with 3 or more employees

private nonagric with less than 3 if 35hr/wk for 13 wks

all public employers

agric with 3 or more at 35 hr/week for 13 wks

agric with 1 or more at least 35hr/week for 5+consequetive weeks

household servant (not family) if 35hr/week for at least 13 wk

Front

SELF EMPLOYED &

OWNERSHIP

Back

self employed cannot purchase WC on themselves

10% ownership can exclude themselves to save premium

Front

3 FEDERAL LAWS-

Back

FELA (Federal Employers)-USPS/railroad

US Longshore/Harbor-workers on docks/barges/inlandwaters

Jones Act-crew on ocean-going boat-can sue employee or employer

Front

WORKERS COMPENSATION

POLICY STRUCTURE

Back

1. WC insurance 2. employers liability 3. other states insurance 4. your duties in injury occurs 5. premium 6. conditions

Front

PART 1-WC insurance

4 benefits in MI

Back

medical benefits

disability/loss of income benefits

survivor/death benefits

rehabilitation benefits