Workers compensation claim Assignment Example | Topics and Well Written Essays - 750 words

Workers compensation claim - Assignment Example Employee can claim workers compensation benefits after being injured or when he or she develops a disease that is work related. Not all injuries are covered under Employee Compensation Law even after the injury â€Å"on the job. For it to be covered it must be accidental and arising in the course of carrying out work related duties. The law only protects workers. A genuine relationship between employer and employee must exist. Compensable injury claim must arise out of the employment (Jasper, 2008). Deriving support from Rensing v. Indiana State University (1993) and Coleman v. Western Michigan University (1983) cases it is clear that the student will not prevail in the case on the ground that workers compensation benefit is only available to employees. A student who is a football player who gets injured in the field cannot claim for workers compensation benefits because there is no working relationship between him and the university management. According to the employees, act the student does not meet the legal meaning of an employee. Workers Disability Compensation Act, which defines employees every person providing a service to another under contract of hire or apprenticeship, impress or implied, written or unwritten (Hotchkiss, 2003).The law is not limited to minors or aliens. The law also excludes volunteers. Student in this case is a volunteer since he is not paid any wages after playing football. The student is not regarded as an employee because he is not hired by the school to play football. For compensation to take place, the plaintiff must proof the following: that the company dictates or controls the actions of the employee, that there are rights to discipline or fire an employee. The plaintiff must also prove that payment of wages to cater for living expenses and whether task performed by proposed employee is an essential part of the employers business. The plaintiff cannot