Unit 18 Flashcards
assumption of risk
employer can deny liability if employee knew what situation was like before employment and assumed risk/injury on their own
workers compensation laws
give employees the right to collect from employers for injury, disability, or death during employment
contributory negligence
used to deny liability if no matter how negligent the employer was, the employee was also negligent
fellow servant rule
deny liability if injury was caused by another employee and employer could not be held liable
workers compensation is based on
the cost of work-related injuries and diseases should be charged to the employer regardless of who is at fault and without complex court proceedings
the benefits stipulated in workers compensation laws…
are the exclusive remedy for employees against employers, employees cannot sue their employers in court to obtain additional compensation
every state has some exempt classifications:
- certain farm and agricultural workers
- charitable organization workers
- domestic employees and casual laborers
- newspaper vendors
in some states, the _______ determine whether or not an employee is exempt
hours worked or wages earned
benefits may always be voluntarily provided by purchasing…
workers compensation insurance to cover exempt employees
workers compensation laws generally pay benefits in four categories:
1- disability/loss of income benefits
2- medical benefits
3- survivor/death benefits
4- rehabilitation benefits
compensable injuries
an injury for which you will be compensated
work-related injuries must arise out of…
employment and arise in the course of employment
three factors used to determine if injury arose in course of employment:
1- time
2- place
3- circumstances
time in workers compensation laws
injury must occur during time work is being performed, injury must:
- occur at place of employment
- occur away from place of employment while employment duties are being performed
levels of disability:
- permanent total
- permanent partial
- temporary total
- temporary partial
permanent disability…
one that will affect worker for the rest of their life
temporary disability
one that will eventually go away
determining the difference between a total and partial disability depends on…
what standard the state uses to determine the degree of disability
employers must provide security through one of these methods:
- insurance purchased from a private insurer
- monopolistic state funds (require employers to purchase workers compensation insurance from them)
- competitive state funds (give employers choice between purchasing workers compensation insurance from state fund or private insurance company)
- self-insurance
nearly all states that allow private insurance companies to offer coverage use the…
standard workers compensation and employers liability policy
a complete policy contains an information page and:
- part one - workers compensation (covers workers comp portion in state)
- part two - employers liability (coverage A is part 1 coverage B is part 2)
part one - workers compensation
pays all compensation and benefits required of the insured by the workers compensation law in the state(s) where insured business operates
part two - employers liability
coverage to the insured for sums the insured becomes legally obligated to pay under common law because of work related injury/disease (minimum limit of $100,000 per accident applies)
an employee unable to collect workers comp under state law may…
still sue the employer for damages
some insurers are required to be covered under…
the federal longshore and harbor workers compensation act
the federal longshore and harbor workers compensation act
takes precedence over state law, specified benefits must be paid to the maritime employees injured while working on navigable waters or shore-site areas of the united states and its territories
interstate railroad workers are covered under the
federal employers liability act (FELA) instead of state workers comp
workers comp is rated on the basis of…
employer’s payroll
for each classification (for any given employer one or more of these classifications will be given) the manual provides a rate
per $100 of payroll
