Difference between Tort law and Worker’s Compensation Law:
1. Test of liability-In Tort law you have to show fault, in WC fault isn’t important, it’s just important that their is a work related injury. Employers conduct can be totally abhorrent or the reverse it’s completely the employee’s fault, the amount paid is basically the same.
2. Underlying social philosophy-In tort law the concept is to make somebody whole and righting a wrong, deterrence, so you make compensation for almost anything, but in worker’s comp it’s in order to make most efficient, dignified, and certain medical benefits to be provided for in a uniform system to provide for the worker’s needs and to pass the cost to where it belongs
3. Nature of the injuries compensated-Usually work related.
4. Elements of damages compensated-Only certain type of damages are allowed, usually doesn’t include pain and suffering. WC includes percentage of work.
5. Limited availability to defenses to workers comp as compared to tort law
6. Amounts of compensation paid.
Tort compensation is adversarial whereas WC is a social system that arises out of a handshake and trade off with ultimate purpose.
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Purpose of worker’s compensation law was to put some of the burden on empoyers to help employees. Both sides compromised and therefore is called the great handshake.
8 features of worker’s compensation statutes:
1. Basic operating principle-accidental injury arising out of and in the course of employment.
2. Negligence and fault are immaterial-so an employee could be negligent or other way around, it doesn’t matter.
3. Employer-Employee relationship-that’s the only relationship that is permitted.
4. Benefit system-defining moment of what can and cannot be sought as a remedy.
5. Exclusivity of remedy-so part of the handshake, claimant’s only remedy in worker’s compensation law is w
aim within a certain amount of time employer can claim prejudice, prejudice is NOT presumed.
4. Not caused by willful actions of employer or employee
5. Intoxication defense.
Worker’s Comp involves the timely filing of a worker’s compensation claim, in the proper jurisdiction by an employee against an employer alleging either an accidental injury arising out of and in the course of employment without any defense. OR The contraction of an occupational disease giving the right to benefits to the exclusion of any other causes of action that may exist against the employer.
II. Conditions of Compensability
A. Procedural Considerations
1.Jurisdiction
Issue: Whether or not the md worker’s compensation act will apply to the claim.
