Workers compensation only covers worker who Are injured on the job Successfully

Question

Workers compensation only covers worker who Are injured on the job Successfully sue their employers for negligence Whose injuries occurred on the job and were intentional Who are completely disabled Sue applies for a job with Regular Stores, Inc.. but is not hired. Sue believes that she was not hired for reasons of discrimination. If Sue files a suit against Regular Stores and a case is established, she Loses the suite Wins the suit if Regular Stores cannot prove that they didn't hire for other reasons Wins the suit regardless of Regular Store's response Wins the suit only if the EEOC issues a right to sue letter Which of the following is NOT criteria used to determine whether a worker is categorized as an employee versus an independent contractor How much control the employer exercises over the details of the work How much the person is paid How long the person is employed Whether the employer supplies the tools at the place of work

Explanation / Answer

1. The answer is "a" - are injured on the job. Worker's compensation is an insurance program that has been mandated by the state. It provides compensation to employees who suffer from job-related injuries and illnesses. The fault or the intention behind the injury is not important for worker's compensation. An employee taking worker's compensation usually does not have the right to sue the employer.

2. From the information given there is no evidence that Regular Stores indulged in discrimination. There is no indication that Regular Stores misled Sue during the hiring process or did not hire Sue by discriminating against her on the basis of sex, religion, race or disability.

Now, in this case, Sue will have to bring her claim to the Equal Employment Opportunity Commission (EEOC). The EEOC will then investigate the claim and will take appropriate action. The deadline for filing a claim with EEOC is 180 days.

Thus the answer is "d" - wins the suit only of EEOC issues a right to sue letter. Such a letter is known as "Notice of Right to Sue".

3. There are three common categories that are used to determine categorization of a worker - (i) Behavioral - Employer controls and have a right to control what is being done by an employee. For a contractor only the end result is seen. (ii) Financial - Companies control the economic aspects of the worker's job. An employee is generally provided with all the necessary tools while an independent contractor has to buy the tools themselves. (iii) Type of relationship - Independent contractor has temporary relationships with a company and the relationship cease to exist once the work is completed. Employees are hired for long term basis.

Thus the answer is "b" - how much the person is paid. It is not relevant how much is paid, what is important is how the person is being paid. Employees are given regular wages but contractors are paid a pre determined fee.

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