Term

Definition

wage authorization

authorization signed by the injured worker allowing the claim administrator to develop wage information to administer the WC claim

wage differential

the difference in earnings from one job to another, sometimes caused by either temporary or permanent work restrictions

wage loss

for WC, loss of earnings or earning capacity as a result of the work injury

wage-loss approach, wage-loss concept, wage-loss state

system that bases permanent disability payments strictly on loss of earning capacity

Wainewright Commission

task force that recommended New York implement the first state WC system - NY did so in 1910 but its courts subsequently ruled the legislation unconstitutional

waiting period

initial time off work during which an injured worker will not receive temporary disability benefits (this time period varies from three to seven days in individual states)

waiver (employee)

in some limited circumstances, workers can waive their rights to WC, but not all such waivers are legal

waiver of the right of recovery

In WC, the insurer normally has a right to try to recover its payments from any entity that causes the loss (other than the employer, the injured worker, or a co-employee); however, the insurer or employer can waive this right in some circumstances

Waiver of Our Right to Recover from Others Endorsement

endorsement to the WC policy that affirms the employer’s decision to make a waiver of the right of recovery against listed entities

waiver, pre-injury

a waiver of the right of recovery made by an employer or insurer before an injury occurs

washout

term used in some states for a full and final settlement

weekly wage differential

difference between the weekly earnings of an injured worker before and after the injury

willful misconduct

conduct by the injured worker that contributes to the work injury and creates a compensability issue

witness statement

recorded statement or signed statement from anyone other than the employer or injured worker

work restrictions

physical limitations, determined by the medical provider the potentially prevent the injured worker from performing usual and customary employment

workers compensation (WC)

political compromise between management and labor in the early 1900s that resulted in state-level no-fault programs to provide predictable, adequate, and timely benefits to injured workers at a cost acceptable to employers – employers waived virtually all their defenses to employee injury claims; workers waived almost all of their rights to general and punitive damages -- WC costs, to the extent possible, became costs of production to be passed on to consumers in the price of goods and services

workers compensation act

WC law of any state as found in state WC statutes

workers compensation and employers liability policy

standard WC policy, used in all non-monopolistic states, prepared and maintained by NCCI

workers compensation benefits (WC benefits)

benefit payments required by a state's WC statutes -- these typically include medical and surgical aid or hospital and nursing service; payment for disability, whether for total or partial disability of a permanent or temporary nature; death benefits and, funeral expense, and vocational rehabilitation services

workers compensation board (WCB)

older term for workers compensation commission

workers compensation commission (WCC)

state agency, established by WC statutes, to administer its WC system

workers compensation district

jurisdiction established by the workers compensation commission to administer matters of the WC system within a given geographic area

workers compensation district office

workers compensation commission

office which administers matters of the WC system within a portion of the state

workers compensation payer (WC payer)

any entity that pays WC benefits to injured workers – includes insurers, self-insured employers, and governmental units

workers compensation regulator (WC regulator)

governmental unit, often a state workers compensation commission, responsible for official oversight of the WC statutes

Workers’ Compensation Research Institute (WCRI)

organization funded primarily by insurers and employers to conduct scholarly research on US WC

workers compensation statutes (WC statutes)

legislative law and administrative regulations that, taken together, govern WC in a state or jurisdiction

work-hardening program

physical activities, typically under the direction of a physical therapist, designed to gradually and increasingly prepare an injured worker to return to a manual labor job

workplace safety engineering

see loss control

work-relatedness

the degree of work-relatedness determines whether an injury or illness is covered by WC or not – the compensability investigation determines the degree of work-relatedness and whether it is sufficient to trigger benefits under the state WC statutes

writ of certiorari

legal document confirming the decision of an appellate court to review a dispute

wrongful death statute

under common law, any claim died with the person, and the surviving family members or estate could not claim damages from the person who caused the victim's death; the individual states have all passed wrongful death statutes over the years

wrongful discharge

allegation that the employer improperly terminated an employee’s employment