Workers’ Compensation
Classes Next Week
Tuesday, April 23rd
8:45am to 10:00am in the Hall of the 70s.
Thursday, April 25th
8:45am to 10:00am in the Hall of the 70s.
Friday April 26th
10:00am to 11:15am in the Hall of the 70s.
Office hours immediately following the end of class.
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How do alternatives to tort law teach us about tort law?
- They influence tort litigation
- They affect substantive doctrine
- Alternatives to tort help us to understand assumptions and latent choices within the common law of torts
Hypos on Impact of Insurance
First party insurance for plaintiff in
Vincent v. Lake Erie Transport Co.
Liability insurance for defendants in
Randi W. v. Muroc Joint Unified School District
Pavia v. State Farm
Workers’ Compensation
Lamson v. American Axe & Tool Co.
“The Axe that Fell on the Employee”
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The “Unholy Trinity” of Common Law Defenses
- Fellow servant rule
- Contributory negligence
- Assumption of risk
The Bargain of Workers’ Compensation
No fault
and
Exclusive remedy
Workers’ Compensation Requirements
Only compensates for work-related injuries
Benefits include: —— Medical coverage —— Percent of lost wages —— Vocational rehabilitation —— Survivor benefits
Employers must buy workers’ comp insurance
When would an employee not file a workers’ comp claim?
Injury didn’t occur while in scope of employment
Injury resulted from employer’s intentional tort
Non-disabling injury
Employee was not an employee but an independent contractor
Third-party claims
Rule: Employee can file a workers’ compensation claim against their employer but workers compensation’ does not cover third parties.
Hypothetical:
Gladys Escola is a waitress. While serving a Coca-Cola beverage at work, the bottle explodes in her hand, injuring her hand. She needs surgery and will be unable to work for months.
What’s your legal advice for her?
Big Picture: Workers’ Comp vs. Tort Law
Deterrence
Compensation
Administrative Cost
Equity