Chapter 15 05 07 2014 Conditional upon specific requirements Mandatory Benefits Prescribed benefits Minimum Floor Standard States can offer more Limited advanced funding Often unpredictable Workers Compensation Contribution from participants usually based on employment Covers occupational disease and work related accidents Disease or accident has to be Arising out of OR In the course and scope of employment Burden of Proof is on Employer Heart Attack and Stroke Burden of Proof on Employee Employee has to prove that work effort caused it If you have willful failure to use protective devices personal safety equiptment Employee was repeatedly warned Intoxicated Under the Influence Intentional Self inflicted Horse Play Workers Comp Cont State by state basis Prior to workers comp employees had to sue employer to gain compensation Compromise Employer Employee Employer is held absolutely liable for injuries accident disease Employee cannot sue Employer Employer pays where there is NO negligence Employee receives fast and certain payments Lost Wages Medical Expenses Rehabilitation Survivor Benefits Beneficiary NO pain and suffering In New Jersey 90 days to report an accident injury After 90 days deny claim Employee must prove Subrogation 3rd Party that causes an injury Workers Comp premiums are experience based Incentives to control losses increased safety Workers Comp Not 100 wages Approximately 66 2 3 Self Insurance Commercial Product Duty Federal Agency Problems Issues of Workers Comp Many suspicious claims Occupational diseases Carpel Tunnel Stress Depression Ashestes Long Latency Period Hearing Loss Long Latency Period Surveillance Social Media Unemployment Compensation Weekly cash payment during periods of unemployment Must be able to work available for work and actively seeking work How is Unemployment Compensation Financed Employer Taxes Some states Employee Taxes Probability States inadequately fund Benefit is Low Social Security 90 of employees are covered Note covered Railroad employees government employees some teacher unions Usually based on highest 5 years earned wages Old Age Retirement Benefit Statement every year Survivors Fully Insured workers spouse Disability Social Security Taxed as income when received Old Age Medicare Hospital Benefits Age 65 free coverage pay deductible Medicare Part B Buy this Routine Medical Expenses Physicals Immunizations Eye exams 05 07 2014 05 07 2014
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