Workers' compensation requires that for an injured employee to be eligible for benefits, they must be injured arising out of and in the course of employment. Questions frequently arise when the injury is caused by the employee's misconduct or the misconduct of a fellow worker. Discuss how employee misconduct is looked at when determining whether an injured employee is eligible for benefits
In general, an employee who through their own negligence or misconduct
causes their own injury will forfeit their rights to benefits. There are certain exceptions:
• If the misconduct that resulted in the injury does not constitute a substantial departure from the employee's required tasks, the injured employee will likely be entitled to benefits
• If the misconduct is an activity known about and condoned by the employer, the injured employee will likely be entitled to benefits
• If the misconduct is committed by a fellow employee and the injured employee was an innocent victim, the injured employee will likely be entitled to benefits
• If the misconduct occurred while the employee was under the influence of drugs or alcohol, the injured employee will likely not be entitled to benefits
Chapter 16
PERFORMANCE APPRAISALS, TRAINING AND DEVELOPMENT
Test Bank Questions, 5e
MULTIPLE CHOICE
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