Section 3B Flashcards
Coverage is occupational in nature, meaning that it only covers
Job-related accidental injury and/or sickness
Worker’s Compensation is the original
No-fault coverage
Workers’ Compensation comes under the jurisdiction of two state agencies:
Industrial Commission (interpretation of WC statutes and eligibility determinations)
and Dept. of Insurance (jurisdiction)
Purchasing coverage from a private insurer
Is the most common approach.
In some states, coverage may be obtained from private insurers or through a
competitive state fund, which competes with private insurers.
In a few states, coverage is available only through a
Monopolistic state fund and private insurers are not permitted
Employers may comply with WC in one of three ways:
Authorized Private Insurer
State Compensation Fund
Self-Insurance Plan
An employee has the option of
Accepting compensation as provided by law or rejecting it and retaining the right to sue the employer
US Longshoremen’s and Harbor Workers’ Compensation Act
Those who load, unload, build, and repair ships are covered by this.
Jones Act
Masters and members of the crew of ocean-going vessels are protected by a section of the Merchant Marine Act
Railroad workers were covered by FELA (Federal Employers Liability Act)
Permits RR workers to sue the employer for negligence
RR workers are exempt from
The Worker’s Compensation laws
Situations where the worker is injured due to
The negligence of a third party- a person or entity which is neither the worker’s employer or co-employee
The exclusive remedy provisions of WC law typically apply only when the
Employer carries WC insurance coverage as required by state law.
Workers’ Compensation
Part 1(a) Workers’ Compensation
Part 2(b) Employers Liability
Part 3(c) Other States Liability
Part 1(a) Workers’ Compensation
Statutory benefits
Applies to accidental, bodily injury, death or disease—insurer has Subrogation rights
Loss of Wages Medical Expenses (without limit) Disability Income(60-66 2/3%) Vocational Rehabilitation Death/Survivor
Two types of death benefits: an amount paid to
Assist with funeral expenses and an amount paid to the survivors
Most states have a second injury fund,
Which encourages an employer to hire an employee with previous injuries
Part 2(b) Employers Liability
Punitive Damages
Are excluded
Part 2(b) Employers Liability
A minimum policy limit of $100,000 per accident applies.
This policy will provide a legal defense
In addition to limits
Supplementary payments , such as appeal bonds,
Are covered
Part 3(c) Other States Coverage
If the insured wants coverage to apply to additional states where they might have a future exposure, they
May add optional other states coverage
Rates of WC are based on the
Hazardousness of the Job,
Claims frequency, and
Payroll
National Council of Compensation Insurers (NCCI)
Establishes experience modification rating factors (aka experience rating factors) which allow for adjustment of workers’ compensation premiums based upon an employer’s claims frequency.