Workmen's Comp

Question 1

The insurer of workmen’s compensation insurance, including the State Compensation Insurance Fund, shall report to the Registrar any cancellation or lapse of the policy immediately after such cancellation or lapse.

Answer 1

False

Question 2

An employee cannot recover damages for personal injury sustained if the employee either expressly or impliedly assumed the risk of the hazard complained of.

Answer 2

False

Question 3

“Employee” means every person in the service of an employer, whether lawfully or unlawfully employed.

Answer 3

True

Question 4

A working member of a partnership receiving wages irrespective of profits from such partnership is not an employee under the Labor Code.

Answer 4

FALSE

Question 5

Where the conditions of compensation exists, the right to recover such compensation is the exclusive remedy for injury or death of an employee against the employer or against any other employee of the employer acting within the scope of his employment.

Answer 5

True

Question 6

Every employer shall secure the payment of compensation by being insured with a private company, by being insured with the State, or furnishing proof of his ability to be self-insured.

Answer 6

TRUE

Question 7

If any employer fails to secure the payment of compensation, any injured employee or his dependents may take immediate action against the employer in a court of law, after filing with the Workmen’s Compensation Appeals Board.

Answer 7

True

Question 8

If an employee brings court action to secure the payment of compensation, he may attach the property of the employer in any amount fixed by the court to secure the payment of any judgement which is ultimately obtained.

Answer 8

True

Question 9

If the employee was guilty of contributory negligence or assumed the risks of the hazard complained of, he may not bring an action for workmen’s compensation.

Answer 9

False

Question 10

Every employer who is insured against liability with workmen’s compensation insurance, shall file with the insurance carrier a complete report of every injury to each employee arising out of or in the course of his employment, within 5 days after the injury has been reported to him.

Answer 10

TRUE

Question 11

If an employee willfully causes an injury to another employee and the employer becomes obligated to pay compensation, then he may take action to recover his loss against the employee who caused the injury.

Answer 11

True

Question 12

If an injury caused death either with or without disability, the employer shall be liable in addition to any other benefits provided for reasonable expenses of the employee’s burial.

Answer 12

True

Question 13

No contract, rule, or regulation shall exempt the employer from liability for workmen’s compensation and an employee may not compromise any liability which is claimed to exist on account of injury or death under workmen’s compensation.

Answer 13

FALSE

Question 14

In the case of injury an employee shall notify the employer within 30 days after the occurrence of the injury in order to be covered by workmen’s compensation.

Answer 14

True

Question 15

In the case of death an employer shall be notified within 30 days by a dependent or someone on the dependent’s behalf.

Answer 15

TRUE

Question 16

The date of injury, except in cases of occupational disease, is that date during the employment on which occurred the alleged incident or exposure, for the consequences of which compensation is claimed.

Answer 16

True

Question 17

In the event of a hearing on a workmen’s compensation claim the burden of proof rests upon the employee to prove his claim.

Answer 17

FALSE

Question 18

An employer may legally make a compensation settlement from liability to pay workmen’s compensation if such compensation release is approved by the Workmen’ s Compensation Appeals Board or referee.

Answer 18

True

Question 19

An insurance policy for public liability and workmen’s compensation can be used interchangeably to secure payment for workmen’s compensation.

Answer 19

FALSE

Question 20

If the employer is insured against liability for compensation, and if after the suffering of any injury the insurer causes to be served upon any compensation claimant a notice that it has assumed and agreed to pay any compensation to the claimant for which the employer is liable, such employer shall be relieved from liability for compensation to such claimant upon the filing of a copy of such notice with the Appeals Board.

Answer 20

True

Question 21

Liability for compensation, without regard to negligence, exists against an employer for any injury sustained by his employees arising out of and in the course of the employment even if the injury is caused by the intoxication of the injured employee.

Answer 21

FALSE

Question 22

If an employer does not have Workmen’s Compensation, he is assumed to be negligent by law.

Answer 22

True

Question 23

Where an employee is also a partner in the firm he need not be covered by compensation insurance.

Answer 23

FALSE

Question 24

If a contractor fails to secure Workmen’s Compensation for his employees, the contractor is then guilty of a misdemeanor, punishable by a fine and imprisonment, or both.

Answer 24

True

Question 25

Payment of Workmen’s Compensation in accordance with the order and direction of the Industrial Accident Commission dis- charges the employer from all claims therefore.

Answer 25

TRUE

Question 26

When the employer fails to secure the payment of Workmen’s Compensation the only redress an employee has is with the Workmen’s Compensation Appeals Board.

Answer 26

False

Question 27

Employer may legally get relief from Workmen’s Compensation payments if release is approved by the Workmen’s Compensation Appeals Board.

Answer 27

TRUE

Question 28

An employer is required to post a notice stating the name of the Workmen’s Compensation Carrier in a conspicuous place in his general office.

Answer 28

TRUE

Question 29

It is not necessary for the members of a partnership to carry Workmen’s Compensation on each other.

Answer 29

False

Question 30

Deaths or injuries are reported to the Industrial Accident Commission.

Answer 30

FALSE

Question 31

An employee is intoxicated and is injured on the job, the employer is liable under his Workmen’s Compensation policy.

Answer 31

False

Question 32

Payment of Workmen’s Compensation in accordance with the orders and directions of the Industrial Accident Commission discharges the employer from claims.

Answer 32

TRUE

Question 33

The securing of the payment of Workmen’s Compensation in a way provided by the Labor Code is essential to the functioning of the expressly declared policies of this state in matters of Workmen’s Compensation.

Answer 33

True

Question 34

With the absence of compensation the injured employee or his dependents may attach property of the employer at any time in an amount fixed by the court to secure any payments due.

Answer 34

TRUE

Question 35

Where action is taken against the employer for failing to secure compensation it will be presumed that the injury to the employee was a direct result from negligence of the employer and burden of proof will be upon the employer.

Answer 35

True

Question 36

An injured employee may select his own physician at the expense of his employer or the insurance company.

Answer 36

FALSE

Question 37

Every employer who is insured against liability shall make a written report to his insurance company of any injury within ___ days:

Answer 37

5

Question 38

Under the compensation laws an employer is not liable to the employee for injury in the course of employment if the employee assumed the task of the job.

Answer 38

False

Question 39

No contract, rule or regulation shall exempt the employer from liability for compensation fixed by the division.

Answer 39

TRUE

Question 40

Workmen’s Compensation Insurance premiums are based upon the amount of the employers payroll.

Answer 40

True

Question 41

If a contractor engages five licensed contractors to do work for him on a piece work or unit bases, the contractor would be relieved from covering these persons with Workmen’s Compensation Insurance.

Answer 41

False

Question 42

Any payment, allowance or benefit about to be received by the injured employee for the period of his incapacity, or by his dependents in the event of his death, must comply with the fixed amount designated by the Compensation Division and the parties interested do not have the right to compromise.

Answer 42

FALSE

Question 43

If a claim of workmen’s compensation has been paid by all due process of law, an employee may not open a claim if there is an aggravation of the old injury.

Answer 43

FALSE

Question 44

No release of liability or compromise agreement is valid unless it is approved by the Appeals Board or referee.

Answer 44

True

Question 45

The date of an injury is that date during the employment on which occurred the incident for which the compensation was claimed.

Answer 45

TRUE

Question 46

Part time employees are not covered by Workmen’s Compensation Law.

Answer 46

False