Unit Twenty Workers’ Compensation Flashcards

1
Q

What does Workers’ Compensation laws give employees the right to? 

A

The right to collect for injury, disability, or death that occurs in the course of employment 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is assumption of risk and is the employer at fault

A

Employee knew the job risks and employer knocked at fault 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is contributory negligence and is the employer at fault

A

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 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the fellow servant rule and is the employer at fault? 

A

Injury caused by another employee, and the employer is not at fault 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Worker’s Compensation laws today are no fault laws
true or false?

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Employer agrees to pay regardless of fault, true or false 

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is exclusive remedy?

A

The benefits stated in the Worker’s Compensation laws are the only benefits. The employee cannot sue employers in court to obtain additional benefits. 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the five workers compensation benefits?

A

Medical
Disability
Survivor
Burial
Rehabilitation 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the three factors used to determine if the injury arose in the course of employment?

A

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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

If a coal minor develops a disease called the black lung and this occurs during his time of employment. Would it be covered?

A

Yes, because the disease was caused by a specific type of employment in the employee would be entitled to compensation 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

State Workers’ Compensation laws are either?

A

Compulsory or Elective 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

In most states the laws compulsory meaning what?

A

The employer must accept and comply with all provisions of the law 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

If the state law is elective, what does that mean? 

A

The employer may choose not to be subject to the law 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If the state law is elective, and the employer chooses not to provide Workers’ Compensation what will they be unable to utilize?

A

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 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If the state law is elective, and the employer chooses not to provide workers compensation, could the injured employee take the employer to court? 

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the five funding of benefits? 

A

Private workers compensation insurance policy
Monopolistic
Competitive
Self Insurance
Group Insurance

17
Q

What is monopolistic? 

A

Insurance bought from the state 

18
Q

What is competitive?

A

Insurance bought privately or from the state

19
Q

What is self-insurance? 

A

Employer has savings to pay claims

20
Q

What is group insurance?

A

Members of the same group/business

21
Q

What is part one - Workers’ Compensation insurance? 

A

Pays the Workers’Compensation benefits of the state law
No dollar limit, unless in the law 

22
Q

What is part two-employers liability?

A

Pays when the employer is sued outside of the Worker’s Compensation law
-policy limit per accident
-Policy limit for all bodily injury claims by disease
-policy per employee for bodily injury by disease
Does not pay Worker’s Compensation benefits

23
Q

What is part three-other states?

A

Pays the Worker’s Compensation benefits of the state listed 

24
Q

What is part four-your duties if injury occurs?

A

The insured’s obligations 

25
Q

What is part five-premium

A

Explains how the cost of the policy is determined 

26
Q

Part six-conditions

A

Subrogation
Inspection
Cancellation 

27
Q

With part one-worker’s Compensation benefits, being established by the law are there any exclusions? 

A

There are a few 

28
Q

What exclusions apply to part two-employers liability

A

• liability assumed under the
• punitive damages awarded because they worker was employed in violation of the law
• injury to a worker well employed in violation of law with the insured knowledge
• obligations imposed by any workers compensation, occupational disease, unemployment, compensation, or disability benefits
• injury, intentionally caused or aggravated by the insured
• injury that occurs outside the United States territories or possessions or(does not apply to residence of these areas temporary outside of these areas)
• damages arising out of violations of employment practices laws, such as discrimination or harassment
• injury that is covered under a federal Worker’s Compensation law
• injury to the master member of the crew of any vessel
• Fines and penalties imposed for violations of federal or state law 

29
Q

What do endorsements provide?

A

Coverage for certain types of benefits or certain classes of employees 

30
Q

What do endorsements provide?

A

Coverage for certain types of benefits or certain classes of employees 

31
Q

What are some types of workers that are not covered under a state workers compensation law?

A

Domestic employees and farm workers 

32
Q

How would an employer provide coverage for an excluded/exempt worker 

A

By adding the voluntary compensation endorsement to the policy 

33
Q

How is Worker’s Compensation coverage rated 

A

On the basis of the employers payroll and job classification 

34
Q

With a premium computation, how is the premium discount determined 

A

Rate per $100 of annual payroll per class 

35
Q

When is a deposit premium due?

A

At the beginning of the policy Based on the estimated payroll. 

36
Q

When will a payroll audit be conducted and why?

A

At the end of the policy. To determine the final premium for the policy. 

37
Q

What does the long shore and Harbor Worker’s Compensation act of 1927 provide 

A

It is a federal Worker’s Compensation act that provides compensation for lost wages, medical benefits, and rehabilitation services to longshore,harbor and other marine workers who are injured during their employment 

38
Q

What is Federal Employers Liability Act(FELA)?

A

• Compensation for Railroad workers
• Awards are often more substantial than state workers compensation laws 

39
Q

What is the Jones act?

A

Worker’s Compensation for ship’s crew