Chapter 14 - WC Flashcards
What are the three common law defenses that employees had to use against their Employer before WC policies existed?
Assumption of Risk
Fellow Servant Rule
Contributory Negligence
Define Compulsory
Jurisdictions where WC benefits are mandated by the state and employers must provide WC benefits that complies with the state’s law to their employees
Define Elective
Jurisdictions where the state does not mandate WC benefits and the employer can reject state WC laws. If rejected, the employee can sue the employer
Define a monopolistic state
WC is only available through state fund
Define Competitive State
WC is available through private insurers as well as state fund
Are employers required to cover independent contractors?
Depends on the state - FL does not require independent contractors
How many employees must you have to be exempt from WC?
1 to 3 (FL - 3 or less)
Which federal WC law governs interstate railroad workers?
Federal Employers Liability Act
Which federal WC law governs workers who load, unload, build, or repair ships (but not the crew)?
U.S. Longshoremen and Harbor WC Act
Which federal WC law governs sailors injured by the negligence of others?
The Jones Act
Which federal WC law governs all US civilians?
Federal Employees Compensation Act
Which federal WC law governs workers on military bases?
Defense Base Act
Define temporary total disability
When someone is 100% disabled temporarily
Benefits begin after a waiting period but are retroactive after a disability lasts a certain amount of time - usually 66%
Define Permanent Total Disability
Permanently unable to work
benefits are paid for life - usually 66%
Define Temporary Partial Disability
Can do some work but not 100%. Temporary.
Benefits are calculated as a percentage of the difference in wages
Define Permanent Partial Disability
Can do work but will never fully recover.
Benefits are scheduled (a dollar amount for an eye or hand. these benefits are usually paid in addition to other benefits.)
Describe the Second Injury Fund
Allows employers to be responsible for the second injury as if the prior injury did not occur and the fund pays the difference.
What are the six parts to a workers compensation policy?
Part 1 - WC Insurance 2 - Employer's Liability Insurance 3- Other States Insurance 4 - Your duties 5 - premium 6 - conditions
What does part 2 cover?
Not medical expenses incurred by the injured employee. Covers other BI damages the insured is legally liable for outside of the WC laws - examples: care and loss of services (children), consequential injury to dependents, damages claimed by a third party as a result of the employees injuries.
Define the Doctrine of Dual Capacity
When an employee is injured by a product the employer manufactures
What does Part 3 state?
Insurance can apply to other states as long as they are not monopolistic. Coverage would need to be added within 30 days
Describe the voluntary compensation endorsement
An endorsement an employer can use when WC is not required but would like to provide it to their employees
Describe Assigned Risk Plan
Allows for employers to obtain WC through an Assigned Risk Plan since they couldn’t obtain WC through the market. Sometimes, instead of a risk plan, a state insurance fund is used.
Which type of WC Benefit does not have a limit?
Medical Benefits
