Gain a better understanding of how potential claims can be exempt from workers' compensation.
Many work related injury claims are categorically ineligible for benefits under the workers' compensation system. However, there is a difference between a claim that "exempt" from workers' compensation and a claim where a "defense" is applicable. This topic will help those responsible for assessing work related injury claims to identify a claim that is potentially categorically exempt from the workers' compensation system and how to explore the relevant facts. Each state has its' own unique workers' compensation system and statutory provisions but there are common concepts that will be discussed. Specific examples by state will be covered so an interested party can be alerted to the most common red flags.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Overview of Workers' Compensation System
- Employee Remedies Before Workers' Compensation - Economic Theory Behind Workers' Compensation System
- Principle of Compromise Between Employers and Employees
- No Fault System in Exchange for Exclusive Remedy
- Each State Has Similar but Independent System
Potential Exemptions From the Workers' Compensation System
- Exemption From System Defined and Contrasted With Defenses to a Claim
- Independent Contractors
- Domestic Servants
- Casual Labor
- Opt out Provisions
- Uninsured Employers
- Developments in the Gig Economy
- Volunteers
- Undocumented Workers
- Business Owners (Partnerships, Limited Liability Companies, Shareholders)
- Workers From Another State
- Statutory Exemptions (Examples: Motion Picture Exemption, Licensees)
Remedies for Injured Worker Not Covered by Workers' Compensation
- Tort Damages: Employer and/or Third Parties
- Common Law Elements of Negligence
- Common Law Defenses Available to Employer
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on November 21, 2019.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
Audio & Reference Manual
- AK CLE 1.0
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Weston S. Montrose, Esq.
Arizona Injury Law Group, PLLC
- Managing member in the office of Arizona Injury Law Group, PLLC
- Practice emphasizes all aspects of workers’ compensation including representation of in-jured workers and employers
- Former Staff Attorney for the Industrial Commission of Arizona
- Former presenter and co-chair for State Bar of Arizona continuing legal education events
- Featured speaker at private continuing legal education seminars
- Workers’ Compensation Certified Specialist by the State Bar of Arizona
- Admitted to practice in Arizona, California, federal court, and the United States Supreme Court
- Delivered winning oral argument to the Arizona Court of Appeals in landmark international workers’ compensation case that was petition to the United States Supreme Court
- Lead counsel in numerous bench trial, jury trials, arbitrations and mediations
- Private business owner
- J.D. degree, Pepperdine University; B.S. degree in business administration, University of Arizona
- Can be contacted at [email protected] or 602-346-9031
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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