preview

Workers Compensation Case Study

Decent Essays
Open Document

Workers compensation laws are put in place to protect employees who sustain an injury while on the job. It provides coverage for medical bills and other relevant expenses as a result of that injury. However, not all workers compensation laws are equal in each state. In 46 states, a coworker receives immunity from being part of a lawsuit that an injured worker may bring against an employer as a result of an on-the-job injury. As long that the coworker is acting within the normal restraints of the job position requirements, no legal action may be taken by the employee with an injury. There are four states who do not grant coworkers the immunity protection when working with someone who becomes injured while at work. The following four states operate under this law. Arkansas Missouri Maryland Vermont The U.S. Virgin Islands also allows for coworkers to be …show more content…

In this case, a worker sustains an injury on the job and begins to claim temporary total disability payments as a result of that injury. The worker continually submits the necessary disability paperwork to the Industrial Commission and the Bureau of Workers Compensation board. The routine paperwork submissions states that the worker is not engaging in any type of work for other companies. An investigation team conducts due diligence to verify that the worker’s paperwork is accurate and truthful. That investigation team uncovers that the worker is performing various tasks for a spouse’s business. Although the work being done is unpaid, it still falls under the classification of work performance. Therefore, the lower level appellate court rules that the worker is no longer eligible for future temporary total disability payments. The court did not find the worker guilty of committing fraud. They felt the worker did not understand that working for a spouse would violate a disability

Get Access