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Unformatted text preview: WORKERS COMPENSATION AND E.L. EMPLOYER'S DUTY OF CARE PROVIDE A SAFE PLACE TO WORK PROVIDE SAFE TOOLS WARN EMPLOYEE OF INHERENT DANGERS ENFORCE RULES FOR EMPLOYEE SAFETY 1 COMMON LAW DEFENSES ASSUMPTION OF RISK CONTRIBUTORY NEGLIGENCE NEGLIGENCE OF A FELLOW EMPLOYEE 2 WORKERS COMPENSATION BENEFITS D.R.I.P. BENEFITS DEATH BENEFITS REHABILITATION BENEFITS INDEMNITY PAYMENTS FOR DISABILITY PAYMENTS FOR MEDICAL 3 Workers Compensation Policy Analysis of the policy can be facilitated by looking at the so called DICE elements of coverage. Declarations Information provided on insured's name, address, policy period, limits etc. Insuring Agreements The direct grant of coverage provided by the Insurer Conditions Those aspects of the policy that must be fulfilled in order to obtain coverage 4 Workers Compensation Policy Exclusions Those items that are not covered by the policy for various reasons: 1. They represent an abnormally dangerous situation 2. They are covered in another policy. 3.They represent situations that would inevitably occur no matter how prudent the insured is. Miscellaneous Provisions Additional provisions which the policy addresses that do not fit perfectly in any one category. 5 Workers Compensation Policy Other States Insurance: List States here where the insured could conceivably have operations. The standard approach is to state that the policy should apply to "all states except....certain monopolistic states" where insurance could be obtained through the government. Federal Workers Compensation Statutes: Note that there are certain situations that fall outside the scope of the Workers Compensation insuring Agreement. 6 FEDERAL COMPENSATION LAWS Many obligations of the Federal Laws are provided through endorsements to the WC policy: LHWCA Longshoremen's and Harbor Workers Compensation Act Provides coverage for those engaged in loading and unloading operations on a wharf, dock or pier or on navigable waters FELA Federal Employees Liability Act provides compensation for employees of Interstate Railroads 7 Employers Liability Policy This section of the Workers Compensation Policy is needed to cover those situations where the "Exclusive Remedy" of Workers Compensation is not adequate to address a particular situation. In recent years the entire concept of "Exclusive Remedy" has been eroded by the courts through 4 distinct concepts. 8 EMPLOYERS' LIABILITY INSURANCE THIRDPARTY OVER SUIT LOSS OF CONSORTIUM CONSEQUENTIAL BODILY INJURY DUAL CAPACITY SUITS 9 ...
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