Workers Compensation

Question 1

Workers Compensation Types of States:
Are jurisdictions where Workers’ Compensation benefits are mandated by state law and employers are required to provide Worker’s Compensation benefits to their employees, either with commercial insurance or by utilizing approved self-insurance?

Answer 1

Compulsory States

Question 2

Workers Compensation Types of States:
Are jurisdictions where Worker’s Compensation benefits are NOT mandated by state law, meaning employers have the choice to accept or reject Worker’s Compensation laws and not provide benefits, an injured employee may file a claim or lawsuit against the employer for injuries.

Answer 2

Elective States

Question 3

Workers Compensation Types of States:
Worker’s Compensation insurance is only available through the state fund.

Answer 3

Monopolistic States

Question 4

Workers Compensation Types of States:
Worker’s Compensation insurance is available through private insurers, and any state fund that exists competes with the private insurers.

Answer 4

Competitive States

Question 5

Federal Worker’s Compensation Laws:
Applies to the crews of ocean vessels.

Answer 5

Jones Act

Question 6

Federal Worker’s Compensation Laws:
Applies to non-crew workers of ocean vessels, such as workers who load, unload, build, or repair ships.

Answer 6

U.S. Longshore and Harbor Federal Workers Compensation Act

Question 7

Federal Worker’s Compensation Laws:
Applies to interstate railroad workers.

Answer 7

Federal Employers Liability Act (FELA)

Question 8

Federal Worker’s Compensation Laws:
This applies to farmworkers and other agricultural workers working on a seasonal basis or traveling across state or national borders to find work.

Answer 8

Migrant and Seasonal Agricultural Worker Protection Act

Question 9

Federal Worker’s Compensation Laws:
Applies to those working in coal mines.

Answer 9

Federal Mine Safety and Health Act

Question 10

Federal Worker’s Compensation Laws:
Applies to all civilian federal employees in the United States.

Answer 10

Federal Employees Compensation Act

Question 11

Federal Worker’s Compensation Laws:
Applies to workers on military bases outside of the United States.

Answer 11

Defense Base Act

Question 12

Worker’s Compensation Covered Injuries:
What are covered injuries that arise out of, and in the course of, employment?

Answer 12

• The injury must occur while the employee is at work or while working
• The employee is working the hours they are designated or expected to work
• The employee is performing the duties that they were employed to do
• The injury must arise from a risk that is reasonably related to employment

Question 13

Worker’s Compensation Injuries NOT covered:
What injuries are NOT covered?

Answer 13

The employer can deny benefits to employees who intentionally injure themselves or if the injury results from intoxication. The injuries are not considered occupational if they occurred at the workplace while the employee was present as a member of the general public, or while the employee was doing personal tasks unrelated to employment, outside of their assigned work hours.

Question 14

Type of Benefits:
Typically provide unlimited coverage for all necessary medical expenses- including hospital expenses- related to the covered injury that occurred during the policy period.

Answer 14

Medical Benefits

Question 15

Type of Benefits:
May include physical therapy and vocational training, which are utilized to return the injured employee to work as soon as possible.

Answer 15

Rehabilitation Benefits

Question 16

Type of Benefits:
1. If an employee dies, these benefits are paid to the employee’s family to provide financial support for final expenses, such as medical bills, and to cover funeral and burial expenses.

2. Are paid to the surviving spouse, in which case they usually end if the spouse remarries, and to dependents, typically until age 18 or longer under certain circumstances.

Answer 16

Death and Survivor Benefits

Question 17

Disability Income Benefits:
An injury from which an employee is expected to recover and return to work, but they are unable to do any work while recovering.

Benefits begin after a waiting period of several days, and benefits may be paid retroactively for that waiting period if the disability lasts beyond a certain period.

Answer 17

Temporary Total Disability (TTD)

Question 18

Disability Income Benefits:
An injury that prevents an employee from being able to any work for the rest of their life.

Benefits are subject to the same weekly benefit percentage and the same minimum and maximum limits as temporary total disabilities. In most states, benefits are paid for life.

Answer 18

Permanent Total Disability (PTD)

Question 19

Disability Income Benefits:
An injury after which an employee is able to do some work, but they are not able to earn their usual wage until full recovery.

Benefits are usually calculated as a percentage of the difference in wages.

Answer 19

Temporary Partial Disability (TPD)

Question 20

Disability Income Benefits:
An injury after which an employee is able to do some work, but will never fully recover. The employee can still earn a wage, but not as much as they would have earned if the injury had not occurred.

Benefits may be limited by a schedule of benefits, which specify dollar amounts for specific permanent partial injuries (such as loss of an eye or hand), payable for a fixed number of weeks.

Answer 20

Permanent Partial Disability (PPD)

Question 21

Worker’s Compensation Coverage Parts:
What are the 6 Worker’s Compensation Coverage Parts?

Answer 21

Part 1: Worker’s Compensation Insurance
Part 2: Employers Liability Insurance
Part 3: Other States Insurance
Part 4: Your Duties If Injury Occurs
Part 5: Premium
Part 6: Conditions