Workers Compensation Flashcards
The law requires every ____ to carry workers compensation insurance
employer
at the time of ____ contractors shall show their valid workers compensation insurance certificate
successfully passing the examination
every contractor must report the name of his insurer and policy number of the workers compensation insurance policy to the registrar of contractors within
90 days
the cost of workers compensation insurance is paid by
the employer
if an injury to a worker is caused by serious and willful misconduct of a contractor, any amount paid by the workers compensation insurance carrier is increased by ____ percent and the increase is paid by ____
50
the contractor
if an injury occurs to an employee under 16 years of age, illegally employed, the compensation award is increased ____ percent and this increase must be paid by the contractor
50
if an injury causes death, burial expenses up to _____ are paid
$2,000
the contractor must file a complete report of every injury to every employee within ____ days
5
if an injury results in the death of an employee, the employer must file a report by telephone or telegraph within ____ hours
24
under the laws governing workers compensation insurance, the rights of the injured worker are protected by
the industrial accident commission
the workers compensation insurance prevents an injured employee from initiating a court action against his employer, but it does not stop him from filing a suit against ____ who had something to do with his accident
a thrid party
an injured employee may comprise and accept less than would be due him from the insurance carrier, but the compromise must be approved by
the industrial accident commision
an injured employee may select his own doctor but
-will pay the costs himself
-the insurance carrier can agree to cover the costs
the law does not require ____ to carry workers compensation insurance if they have no employees
-independant contractors
-sub contractors
-specialty contractors
what liability does a general building contractor have for the employees of a subcontractor who fails to carry workers comp insurance
the general is responsible for his subcontractors workers compensation insurance
a contractor may purchase workers comp insurance from
the state fund insurance or a private insurance company
an employer would not be held responsible for accidents that result from
-an injury caused by the intoxication of the injured employee
-an injury that was casued by a dispute in which the injured employee started the conflict
-the injury was intentional or self inflicted
a contractor that fails to carry a valid policy of workers compensation insurance connot
have employees
if it is proven that an employee was intoxicated when he was injured, he would receive only ____ percent of the compensation that would normally be awarded based on his injury
0
workers compensation insurance ____ anyone working outside of the state of california
fully covers
the industrial accident commission has a schedule of payments that specifies
-the amount to be paid to a window of an employee that is fataly injured
-the amount to be paid to an employee depending on the injury
-the amount to be paid for burial expences, etc
will an employee pay any premiums for workers compensation
No
if the policy of a contractor has been canceled and he still has employees working for him, the contractor is
-guilty of a misdemeanor
-subject to a fine
-liable to legal action by an injured employee
workers compensation insurance payments by the employer are based on
-the value of the jobs that his company does
-the type of work his employees do
if one or more partners in a business draw a working salary from the business, not dependent upon the profit or losses of the business, then
he must be covered by workers comp
if an employer fails to carry workers comp insurance on his employees for a period of 30 days
they will have their license suspended and it will be treated as a misdemeanor
it is not neccessary for an employer to carry workers comp insurance if
he has no employees
if a housewife hires someone to paint a room or fix a floor she
is not required to carry workers comp
an injured person may take his case to the courts if
-he has a disagreement with the industrial accident commision as to degree of injury
-he is not satisfied with the damages awarded to him
-the injury was self inflicted or occured while he was intoxicated
medical treatment for an injured employee is provided
-for as long as the injury and subsequent disability require it
-without limitation as to time or money
if an employer carries workers compensation insurance, an injured employee can only take him to court if
there existed serios or wilful misconduct by the employer
a contractor may carry workers comp from which companies
-from the state
-from a private company
-self insurer
the prime contractor has no workers compensation responsibility
-if the injured person is not his employees
-if the injured person is an independant contractor
whe a person is injured
he may accept a settlement that is less than he is entitiels
if an industrial injury results in death, the contractor shall file
-a report within 24hrs by telephone
-a report to the division of labor statistics and research
-a report to the division of industrial safety
if a contractor fails to pay the premium due on a woerks comp insurance policy
the policy will be canceled
if a contractor is refused coverage for workers comp insurance by 4 or more companies
-his coverage is automatically picked up by the state
-he can have employees working for up to 30 days until he a valid policy to cover them under workers comp laws
-he can wait 30 days and then re apply
if a contractor is refused coverage for workers compensation insurance by private insurance companies
-he may apply to teh state fund
-must notify the registar within 10 days of the cancellation and within 10 days of the new policy being written
-
if a contractor carries workers compensation insurance, in case of injury to an employee
-the insurance company assumes the obligations of the contractor
-the insurance company will not pay any increase in the normal award because of serious and willful misconduct of the contractor
the full cost of workers compensation insurance is borne by the contractor and who else
no one else
the amount that is paid for workers compensation insurance is based on
-hazards of each employees job category
-the hours worked by each employee
-the employers payroll
a contractor who has specialty or subcontractors and others working for him on a unit or piece work basis
-should require a certificate of insurance from these subcontractors or others
-can hire them as employees and then have them insured with workers compensation insurance
-would be totally responsible for any injuries unless these subcontractors carried their own coverage for their employees
if an injury occurs to any employee, the employer should be free from all claims against him if he follows the direction and payment of workers compensation by
the workers comp apeals board
if an employer fails to cover his employees by making workers compensation insurance premium payments, the only redress an injured has is
to file a claim with the uninsured employers funs
-to file a civil action in a court of law
Ralph is running behind schedule on a swimming pool that he must complete by a bonded date. he hires his son as a part time employee to help him. he does not carry a workers comp policy. ralphs son trips and breaks his leg and three ribs. Who is liable
Ralph is liable
space holder
the reason for workers compensation is
to limit employer contractor liability
the california state disability insurance program requires the employer to deduct the contributions from the employees wages, report and pay the contributions unless the employees
-agree to pay the contributions without deductions
-are exempt due to other voluntary DI wage deduction programs
-collectively and voluntarily contribute to teh program as a unit
any new or changed insurer carrying workers comp on the contractors employees must report within ____ days after any policy insurance is issued
10
any subcontractor who does not have a license works on a contract then their employees are considered a ____ employee
statutory
record keeping includes creating and maintaining records of ____ which must be investigated
near-misses
if an injury results in death because the employer would not follow the proper safety and health procedures, he can be
-fines $10,000
-imprisioned for 6 months
the ____ policy is the coverage that goes beyond standard policies
umbrella
____ insurance covers project stoppages
Builders Risk
____ insurance covers the loss of a contractors key person
key person
____ insurance covers property, but not the contractors tools
property
