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CSLB Law and Business > Workers Compensation > Flashcards

Workers Compensation Flashcards

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1
Q

The law requires every ____ to carry workers compensation insurance

A

employer

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2
Q

at the time of ____ contractors shall show their valid workers compensation insurance certificate

A

successfully passing the examination

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3
Q

every contractor must report the name of his insurer and policy number of the workers compensation insurance policy to the registrar of contractors within

A

90 days

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4
Q

the cost of workers compensation insurance is paid by

A

the employer

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5
Q

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 ____

A

50
the contractor

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6
Q

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

A

50

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7
Q

if an injury causes death, burial expenses up to _____ are paid

A

$2,000

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8
Q

the contractor must file a complete report of every injury to every employee within ____ days

A

5

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9
Q

if an injury results in the death of an employee, the employer must file a report by telephone or telegraph within ____ hours

A

24

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10
Q

under the laws governing workers compensation insurance, the rights of the injured worker are protected by

A

the industrial accident commission

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11
Q

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

a thrid party

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12
Q

an injured employee may comprise and accept less than would be due him from the insurance carrier, but the compromise must be approved by

A

the industrial accident commision

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13
Q

an injured employee may select his own doctor but

A

-will pay the costs himself
-the insurance carrier can agree to cover the costs

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14
Q

the law does not require ____ to carry workers compensation insurance if they have no employees

A

-independant contractors
-sub contractors
-specialty contractors

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15
Q

what liability does a general building contractor have for the employees of a subcontractor who fails to carry workers comp insurance

A

the general is responsible for his subcontractors workers compensation insurance

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16
Q

a contractor may purchase workers comp insurance from

A

the state fund insurance or a private insurance company

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17
Q

an employer would not be held responsible for accidents that result from

A

-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

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18
Q

a contractor that fails to carry a valid policy of workers compensation insurance connot

A

have employees

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19
Q

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

A

0

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20
Q

workers compensation insurance ____ anyone working outside of the state of california

A

fully covers

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21
Q

the industrial accident commission has a schedule of payments that specifies

A

-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

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22
Q

will an employee pay any premiums for workers compensation

A

No

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23
Q

if the policy of a contractor has been canceled and he still has employees working for him, the contractor is

A

-guilty of a misdemeanor
-subject to a fine
-liable to legal action by an injured employee

24
Q

workers compensation insurance payments by the employer are based on

A

-the value of the jobs that his company does
-the type of work his employees do

25
Q

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

A

he must be covered by workers comp

26
Q

if an employer fails to carry workers comp insurance on his employees for a period of 30 days

A

they will have their license suspended and it will be treated as a misdemeanor

27
Q

it is not neccessary for an employer to carry workers comp insurance if

A

he has no employees

28
Q

if a housewife hires someone to paint a room or fix a floor she

A

is not required to carry workers comp

29
Q

an injured person may take his case to the courts if

A

-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

30
Q

medical treatment for an injured employee is provided

A

-for as long as the injury and subsequent disability require it
-without limitation as to time or money

31
Q

if an employer carries workers compensation insurance, an injured employee can only take him to court if

A

there existed serios or wilful misconduct by the employer

32
Q

a contractor may carry workers comp from which companies

A

-from the state
-from a private company
-self insurer

33
Q

the prime contractor has no workers compensation responsibility

A

-if the injured person is not his employees
-if the injured person is an independant contractor

34
Q

whe a person is injured

A

he may accept a settlement that is less than he is entitiels

35
Q

if an industrial injury results in death, the contractor shall file

A

-a report within 24hrs by telephone
-a report to the division of labor statistics and research
-a report to the division of industrial safety

36
Q

if a contractor fails to pay the premium due on a woerks comp insurance policy

A

the policy will be canceled

37
Q

if a contractor is refused coverage for workers comp insurance by 4 or more companies

A

-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

38
Q

if a contractor is refused coverage for workers compensation insurance by private insurance companies

A

-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
-

39
Q

if a contractor carries workers compensation insurance, in case of injury to an employee

A

-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

40
Q

the full cost of workers compensation insurance is borne by the contractor and who else

A

no one else

41
Q

the amount that is paid for workers compensation insurance is based on

A

-hazards of each employees job category
-the hours worked by each employee
-the employers payroll

42
Q

a contractor who has specialty or subcontractors and others working for him on a unit or piece work basis

A

-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

43
Q

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

A

the workers comp apeals board

44
Q

if an employer fails to cover his employees by making workers compensation insurance premium payments, the only redress an injured has is

A

to file a claim with the uninsured employers funs
-to file a civil action in a court of law

45
Q

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

A

Ralph is liable

46
Q

space holder

A
47
Q

the reason for workers compensation is

A

to limit employer contractor liability

48
Q

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

A

-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

49
Q

any new or changed insurer carrying workers comp on the contractors employees must report within ____ days after any policy insurance is issued

A

10

50
Q

any subcontractor who does not have a license works on a contract then their employees are considered a ____ employee

A

statutory

51
Q

record keeping includes creating and maintaining records of ____ which must be investigated

A

near-misses

52
Q

if an injury results in death because the employer would not follow the proper safety and health procedures, he can be

A

-fines $10,000
-imprisioned for 6 months

53
Q

the ____ policy is the coverage that goes beyond standard policies

A

umbrella

54
Q

____ insurance covers project stoppages

A

Builders Risk

55
Q

____ insurance covers the loss of a contractors key person

A

key person

56
Q

____ insurance covers property, but not the contractors tools

A

property

CSLB Law and Business (8 decks)

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