In a first of its kind case, a wife sues her husband’s employer alleging she contracted COVID from her husband as a result of the employer’s negligence leading to her husband contracting COVID. Confused? Don’t be. This may be the first nationally covered employers’ liability case.
Workers’ compensation coverage responds only to an injury or illness defined as occupational. To be occupational and compensable requires certain tests be satisfied. Three key tests must be satisfied before an injury qualifies as an occupational injury, but what about occupational illnesses? One additional test must be passed before an illness is judged occupational and…
Classifying a worker as either an “employee” or “independent contractor” is problematic for more than just workers’ compensation. In an attempt to minimize the problems and confusion, the Department of Labor has proposed the codification of five tests to help in classifying a particular worker as an employee or independent contractor. Although not necessarily developed…
Two key questions are answered in this report – what makes an injury or disease compensable under workers’ compensation and who is covered by the work comp policy.
When employees travel out of state for work, real work comp coverage gaps can exist; and these gaps could leave the employer without the necessary protection they THOUGHT they purchased when they paid their work comp premiums.
Workers’ compensation, as a coverage, is simple. A worker gets hurt and, theoretically, the work comp policy pays; that’s the simple part. The more complicated areas of workers’ compensation involve the state laws and legal doctrines applicable to workers’ comp.
Workers’ compensation is regulated at the state level. Although there are some benefits to this, there are also problems created.
What makes an illness an “occupational illness” and compensable under workers’ compensation? More specifically, how does workers’ compensation respond to the latest viral panic, the Coronavirus?
Like work-related bodily injuries, illnesses, sicknesses and diseases must be considered “occupational” to be covered by the workers’ compensation policy. Before an illness or disease can be considered occupational and thus compensable under workers’ compensation two tests must be satisfied: 1) The illness or disease must arise out of and be in the course and…
Endorsements serve to alter any policy; this is true of workers’ compensation policies. This is a schedule and description of many workers’ compensation forms and endorsements.
