Compensability in Workers Compensation

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Level: Intermediate

Why you need this course:
After completing this course, you’ll be able to analyze a workers compensation claim and determine whether the injured worker is covered.

Upon successful completion of this course, you should be able to:

  • Given a case, determine the employment status of a given worker.
  • Describe the elements of an employment relationship.
  • Describe the following special employment relationships:
    • Statutory employees
    • Lent employees
    • Joint and dual employments
  • Identify situations or employments that are typically excluded from workers compensation insurance.
  • Describe the noninsurance ways in which employers can transfer the workers compensation loss exposure.
  • Given a case, determine whether the injury is covered by workers compensation insurance.
  • Describe the compensability requirements of “accidental” or “by accident” for a claim for workers compensation benefits.
  • Describe the workers compensation coverage for injuries that are not accidental.
  • Identify the injuries typically covered and not covered by workers compensation statutes.
  • Given a case, determine whether the employment and injury are covered by workers compensation statutes.
  • Describe the “arising out of” requirement of the statutory standard for workers compensation compensability, including:
    • The “increased risk“ principle
    • The “but for“ principle
  • Describe the “in the course of“ requirement of the statutory standard for workers compensation compensability, including:
    • The elements of an injury’s relationship to work
    • The activities that are not work-related but that might give rise to compensable injury
  • Describe the statutory standard exceptions for workers compensation compensability, including:
    • Willful misconduct and safety rule violations
    • Intoxication
    • Self-inflicted injury
  • Given a case, determine whether an injury arises out of and in the course of employment.

Cost: $20 per Professional Development Hour (PDH). Information on Professional Development Hours (PDH) provided can be found here.

Compensability in Workers Compensation Topics Include:

  • Determining employment status
  • Elements of an employment relationship
  • Special employment relationships
  • Situations or employments that are typically excluded
  • Noninsurance ways to transfer the workers compensation loss exposure
  • Determining if the injury is covered
  • Compensability requirements of by accident claims
  • Coverage for injuries that are not accidental
  • Injuries typically covered and not covered
  • Determining if the employment and injury are covered
  • “Arising out of“ requirement of the statutory standard for compensability
  • “In the course of“ requirement of the statutory standard for compensability
  • Statutory standard exceptions for compensability
  • Determining if an injury arises out of and in the course of employment

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