Unit 18

Question 1

assumption of risk

Answer 1

employer can deny liability if employee knew what situation was like before employment and assumed risk/injury on their own

Question 1

workers compensation laws

Answer 1

give employees the right to collect from employers for injury, disability, or death during employment

Question 2

contributory negligence

Answer 2

used to deny liability if no matter how negligent the employer was, the employee was also negligent

Question 3

fellow servant rule

Answer 3

deny liability if injury was caused by another employee and employer could not be held liable

Question 4

workers compensation is based on

Answer 4

the cost of work-related injuries and diseases should be charged to the employer regardless of who is at fault and without complex court proceedings

Question 5

the benefits stipulated in workers compensation laws…

Answer 5

are the exclusive remedy for employees against employers, employees cannot sue their employers in court to obtain additional compensation

Question 6

every state has some exempt classifications:

Answer 6

• certain farm and agricultural workers
• charitable organization workers
• domestic employees and casual laborers
• newspaper vendors

Question 7

in some states, the _______ determine whether or not an employee is exempt

Answer 7

hours worked or wages earned

Question 8

benefits may always be voluntarily provided by purchasing…

Answer 8

workers compensation insurance to cover exempt employees

Question 9

workers compensation laws generally pay benefits in four categories:

Answer 9

1- disability/loss of income benefits
2- medical benefits
3- survivor/death benefits
4- rehabilitation benefits

Question 10

compensable injuries

Answer 10

an injury for which you will be compensated

Question 11

work-related injuries must arise out of…

Answer 11

employment and arise in the course of employment

Question 12

three factors used to determine if injury arose in course of employment:

Answer 12

1- time
2- place
3- circumstances

Question 13

time in workers compensation laws

Answer 13

injury must occur during time work is being performed, injury must:
- occur at place of employment
- occur away from place of employment while employment duties are being performed

Question 14

levels of disability:

Answer 14

• permanent total
• permanent partial
• temporary total
• temporary partial

Question 15

permanent disability…

Answer 15

one that will affect worker for the rest of their life

Question 16

temporary disability

Answer 16

one that will eventually go away

Question 17

determining the difference between a total and partial disability depends on…

Answer 17

what standard the state uses to determine the degree of disability

Question 18

employers must provide security through one of these methods:

Answer 18

• insurance purchased from a private insurer
• monopolistic state funds (require employers to purchase workers compensation insurance from them)
• competitive state funds (give employers choice between purchasing workers compensation insurance from state fund or private insurance company)
• self-insurance

Question 19

nearly all states that allow private insurance companies to offer coverage use the…

Answer 19

standard workers compensation and employers liability policy

Question 20

a complete policy contains an information page and:

Answer 20

• part one - workers compensation (covers workers comp portion in state)
• part two - employers liability (coverage A is part 1 coverage B is part 2)

Question 21

part one - workers compensation

Answer 21

pays all compensation and benefits required of the insured by the workers compensation law in the state(s) where insured business operates

Question 22

part two - employers liability

Answer 22

coverage to the insured for sums the insured becomes legally obligated to pay under common law because of work related injury/disease (minimum limit of $100,000 per accident applies)

Question 23

an employee unable to collect workers comp under state law may…

Answer 23

still sue the employer for damages

Question 24

some insurers are required to be covered under...

Answer 24

the federal longshore and harbor workers compensation act

Question 25

the federal longshore and harbor workers compensation act

Answer 25

takes precedence over state law, specified benefits must be paid to the maritime employees injured while working on navigable waters or shore-site areas of the united states and its territories

Question 26

interstate railroad workers are covered under the

Answer 26

federal employers liability act (FELA) instead of state workers comp

Question 27

workers comp is rated on the basis of...

Answer 27

employer's payroll

Question 28

for each classification (for any given employer one or more of these classifications will be given) the manual provides a rate

Answer 28

per $100 of payroll