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What test does workers comp follow?
RTC - Want to give Er the incentive to make the work place safe, we have to give them the feeling that they are in control of the situation
when is someones home considered second job site?
when er doesnt provide office
Going and coming rule under WC
until you are on the er premises, you are not covered by workers comp
Exception to going and coming rule
1. second job site
2. close proximity
3. special risk
4. wage payments and travel expensis
5. required transportation
6. special mission or errand
second job site doctrine
if you regularly work from home, you should be covered by labor b/c it is a second job site
When does WC kick in?
when you step on premises
special risk exception
if you have to cross a dangerous area everyday (train tracks) you are covered by WC
close proximity rule
if you are injured in close proximity to premises, you are covered
- site does not have parking lot have to park across the street
wage payment or travel exception
if er pays you to travel or covers travel expenses, you're covered by WC
Required transportation Exception
If you are required to travel to work even, you are covered by WC
Special mission or errand exception
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3 Factors for "in the course of employment"
1. Period of employment
2. At a place where the employment would've reasonably been / allowed to be
3. Reasonably fulfilling duties or something incidental to them
arise out of employment factors
1. injury occur in an action to further the business
2. employee doing something to further the business
What must er do for er injury to be covered under WC? - recreational activities
Do something for the benefit and control of the ER/company (RTC test)
Author
dwrght16
ID
360076
Card Set
Worker Comp
Description
Workers comp
Updated
2022-12-01T04:59:19Z
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