Unit Twenty Workers’ Compensation Flashcards
What does Workers’ Compensation laws give employees the right to? 
The right to collect for injury, disability, or death that occurs in the course of employment 
What is assumption of risk and is the employer at fault
Employee knew the job risks and employer knocked at fault 
What is contributory negligence and is the employer at fault
If employee partly at fault, they are considered to be totally at fault and cannot collect from the party being sued. The employer is not at fault 
What is the fellow servant rule and is the employer at fault? 
Injury caused by another employee, and the employer is not at fault 
Worker’s Compensation laws today are no fault laws
true or false?
True
Employer agrees to pay regardless of fault, true or false 
True
What is exclusive remedy?
The benefits stated in the Worker’s Compensation laws are the only benefits. The employee cannot sue employers in court to obtain additional benefits. 
What are the five workers compensation benefits?
Medical
Disability
Survivor
Burial
Rehabilitation 
What are the three factors used to determine if the injury arose in the course of employment?
Time (must have occurred during work hours while fulfilling the purposes of employment)
Place & Circumstances (the injury must either occur at the place of employment or occur away from the place of employment. Well duties are being fulfilled)
If a coal minor develops a disease called the black lung and this occurs during his time of employment. Would it be covered?
Yes, because the disease was caused by a specific type of employment in the employee would be entitled to compensation 
State Workers’ Compensation laws are either?
Compulsory or Elective 
In most states the laws compulsory meaning what?
The employer must accept and comply with all provisions of the law 
If the state law is elective, what does that mean? 
The employer may choose not to be subject to the law 
If the state law is elective, and the employer chooses not to provide Workers’ Compensation what will they be unable to utilize?
The employer would not be able to use the common defenses (assumption of risk, contributory, negligence, fellow servant, rule) as these are no longer valid defenses for work related injury claims 
If the state law is elective, and the employer chooses not to provide workers compensation, could the injured employee take the employer to court? 
Yes, and if the injured employee can prove fault by the employer, it is now up to the courts to award benefits to the employee