1911, SEVENTEEN DAYS AFTER THE DEVISTATING FIRE AT THE TRIANGLE
SHIRTWAIST COMPANY FACTORY IN NEW YORK TOOK 146 LIVES
when was the 1st work comp act passed?
1. NO FAULT
2. EXCLUSIVE REMEDY
3. ASSURED FIXED BENEFIT
WHAT ARE THE 3 COMPONENTS OF THE WORK COMP SYSTEM
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.
NO FAULT
less the employer is uninsured, the worker cannot pursue other forms of recovery
from the employer, even if the employer was grossly negligent.
EXCLUSIVE REMEDY
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.
ASSURED AND FIXED BENEFIT
deliberately self-inflicted injuries are excluded from coverage
WHAT TYPE OF INJYURIES ARE EXCLUDED
For injuries that result from the serious and willful misconduct of the employer,
the employee's compensation is increased by half
WHAT HAPPENS IF THE INJURY IS DUE TO SERIOUS MISCONDUCT OF THE
EMPLOYER?
For injuries that result from the serious and willful misconduct of the injured
employee, benefits are reduced by half, unless the injury resulted in death or a
per-manent disability of 70% or more; the injury resulted from failure of the
employer to comply with the law or safety and health regulations; or the
employee was under 16 years old at the time of in-jury
WHAT HAPPENS IF THE INJURY IS DUE TO SERIOUS MISCONDUCT OF THE
EMPLOYEE?
measures were enacted that allowed employers (1) to establish medical pro-vider
networks—from which injured workers are required to select treating doctors, (2)
to conduct utilization review to ensure that medical care was consistent with
evidence-based guidelines, and (3) to limit the amount of physical therapy and
chiropractic treatment. These measures also affect-ed permanent disability
ratings and benefit payments to injured workers. An evidence-based medi-cal
treatment utilization schedule (MTUS), or set of guidelines, was also adopted.
WHAT MEASURES WERE ENACTED IN 2003 AND 2004
In 2013, measures were enacted that made wide-ranging changes, which included
(1) increasing permanent disability paid to injured workers and simplifying the
permanent disability rating meth-od, (2) resolving medical treatment