How workers' comp works
Q: If an employee decides to use a cell phone for business purposes, can that employee file a claim against the employer?
A: No. A company is open to liability if the company issues the phone to the employee.
Q: If an employee believes that the cell phone has caused health problems, what are the legal options?
A: The employee can file a workers' compensation claim against the employer. Workers' compensation laws stipulate that employers cannot be sued civilly, unless the worker can prove there was gross negligence. The laws vary state to state. And filing a workers' compensation claim doesn't prevent the injured worker from suing the phone's manufacturer or the service provider.
Q: How is a workers' comp claim different from a civil suit?
A: The burden of proof is lower for a workers' compensation claim. The injured worker only needs to prove that she was injured on the job. She doesn't need to prove that her employer was negligent.
Q: What is the financial impact if the employer loses a workers' comp claim.
A: Employers are insured for workers' compensation claims, so the insurance carrier would have to pay the claim. However, the more claims against a company, the higher their premiums will rise.
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Cell phone safety
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