Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From the Courts

Authors

Corey Baron

Document Type

Note

Abstract

(Excerpt)

This Note argues that the legislature should add a provision to New York’s Workers’ Compensation Act that expressly precludes jurors from coverage. Such a provision would comport with the policy underlying the statute, the statute’s structure, and the statute’s language. Moreover, that legislative provision would prevent the court from wasting the considerable time and expense of grappling with other courts’ inconsistent interpretations of workers’ compensation statutes and their underlying policies. First, Part I of this Note provides an overview of the workers’ compensation law and explores the policies underlying the advent of workers’ compensation statutes. Then, Part II surveys and presents the six methods for determining whether jurors are entitled to workers’ compensation coverage. Finally, Part III discusses the need for clarification by the legislature, while Part IV of this Note evaluates the suggestion for an additional statutory clause that explicitly precludes jurors from eligibility for workers’ compensation.