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Workers' Compensation Act Exceptions Survey

2009 Edition

Whether you find it a help or hindrance, the workers’ compensation system is complex and full of pitfalls.  Overall, state laws predictably compensate workplace injuries, but exceptions exist. Businesses and employees  may be surprised—and economically disadvantaged—by these exceptions. It is crucial for employers and attorneys to understand the relevant law before an issue arises. 

Legal Research Center has developed the Workers’ Compensation Act Exceptions Survey as a resource for the Workers’ Compensation Acts to all 50 states and the District of Columbia. In addition, the Workers’ Compensation Act Exceptions Survey offers a starting place for in-depth research, with citations to case law construing many recognized exceptions.

The Survey is presented in LRC’s e-Book format for quick availability and excellent searchability. This guide also provides links to cited statutes for most jurisdictions. With just a mouse click, you can read the text of the section and browse other relevant provisions of the Act.

LRC's Workers’ Compensation Act Exceptions Survey will help you, as an employer or an employee representative, to understand the Workers’ Compensation laws and how they apply to your situation.

The Survey answers the following questions:

Does the statute provide that Workers' Compensation benefits are an employee's exclusive remedy for workplace injuries?

• How is coverage defined?

• May the employee lose coverage under the Act?

• Does contributory negligence or assumption of risk apply?

Must an employee make an election of remedies?

Does my state find any of these common circumstances to fall within the Act?

• Company picnics and softball games?

• Personal errands for the boss?

• Sexual harassment and discrimination?

• Alcohol- and drug-related injuries?

• Criminal assaults?

• Employee horseplay?

What is the penalty for failing to obtain proper insurance or otherwise provide for workplace injuries?

Does your state apply the Dual Capacity doctrine or does it protect an employer against product liability claims from its own employees?

If an employee is permitted to recover for injuries under traditional tort theories, does the state recognize any limits on:

• Workplace tort recoveries?

• Punitive damages?

• Non-economic damages?

Does the Act offer coverage for illegally-employed workers?

Does the Workers' Compensation Act insulate an employer from actions for indemnity or contribution from a third-party tortfeasor?

• How effective are written agreements concerning indemnification?

• Is indemnification ever implied?

 

Your Guide to Understanding the Workers' Compensation Laws!

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Four Ways to Order:
	Secure Online Order Form		Order by Email: wcaorder@lrci.com
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