Section 3B Flashcards

0
Q

Coverage is occupational in nature, meaning that it only covers

A

Job-related accidental injury and/or sickness

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1
Q

Worker’s Compensation is the original

A

No-fault coverage

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2
Q

Workers’ Compensation comes under the jurisdiction of two state agencies:

A

Industrial Commission (interpretation of WC statutes and eligibility determinations)

and Dept. of Insurance (jurisdiction)

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3
Q

Purchasing coverage from a private insurer

A

Is the most common approach.

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4
Q

In some states, coverage may be obtained from private insurers or through a

A

competitive state fund, which competes with private insurers.

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5
Q

In a few states, coverage is available only through a

A

Monopolistic state fund and private insurers are not permitted

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6
Q

Employers may comply with WC in one of three ways:

A

Authorized Private Insurer
State Compensation Fund
Self-Insurance Plan

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7
Q

An employee has the option of

A

Accepting compensation as provided by law or rejecting it and retaining the right to sue the employer

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8
Q

US Longshoremen’s and Harbor Workers’ Compensation Act

A

Those who load, unload, build, and repair ships are covered by this.

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9
Q

Jones Act

A

Masters and members of the crew of ocean-going vessels are protected by a section of the Merchant Marine Act

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10
Q

Railroad workers were covered by FELA (Federal Employers Liability Act)

A

Permits RR workers to sue the employer for negligence

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11
Q

RR workers are exempt from

A

The Worker’s Compensation laws

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12
Q

Situations where the worker is injured due to

A

The negligence of a third party- a person or entity which is neither the worker’s employer or co-employee

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13
Q

The exclusive remedy provisions of WC law typically apply only when the

A

Employer carries WC insurance coverage as required by state law.

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14
Q

Workers’ Compensation

A

Part 1(a) Workers’ Compensation

Part 2(b) Employers Liability

Part 3(c) Other States Liability

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15
Q

Part 1(a) Workers’ Compensation

A

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
16
Q

Two types of death benefits: an amount paid to

A

Assist with funeral expenses and an amount paid to the survivors

17
Q

Most states have a second injury fund,

A

Which encourages an employer to hire an employee with previous injuries

18
Q

Part 2(b) Employers Liability

Punitive Damages

A

Are excluded

19
Q

Part 2(b) Employers Liability

A minimum policy limit of $100,000 per accident applies.

This policy will provide a legal defense

A

In addition to limits

20
Q

Supplementary payments , such as appeal bonds,

A

Are covered

21
Q

Part 3(c) Other States Coverage

If the insured wants coverage to apply to additional states where they might have a future exposure, they

A

May add optional other states coverage

22
Q

Rates of WC are based on the

A

Hazardousness of the Job,
Claims frequency, and
Payroll

23
Q

National Council of Compensation Insurers (NCCI)

A

Establishes experience modification rating factors (aka experience rating factors) which allow for adjustment of workers’ compensation premiums based upon an employer’s claims frequency.