Worker's Comp

Question 1

Five Employer Common Law Obligations

Answer 1

1. Reasonably safe place to work
2. Reasonably safe tools
3. Competent fellow employees
4. Safety rules established/enforced
5. Warn workers of any known dangers

Question 2

Three Employer Common Law Defenses

Answer 2

1. Assumption of Risk
2. Contributory Negligence
3. Fellow Servant Rule

Question 3

5 Common Purposes of WC Law

Answer 3

1. Negligence is no longer a basis for determining liability/recovery
2. Provides prompt/reasonable payments of benefits
3. Exclusive Remedy
4. Employers have predictability for cost of benefits
5. Encourages loss prevention/interest in safety

Question 4

Exclusive Remedy

Answer 4

protect the employers from additional exposure after being
legally required to provide benefits on a no‐fault basis per statute

Question 5

3 Funding Methods

Answer 5

1. Private Carriers
2. State Funds
3. Self Insurance where permitted

Question 6

Employer Status

Answer 6

1. Primary/Direct Employer
2. De Facto Employer
3. Statutory/De Jure Employer
4. Regular/General Employer

Question 7

WC Exemption Types

Answer 7

1. Numeric Exemptions
2. General Exemptions
3. Specific Positions
4. Others

Question 8

Numeric Exemptions

Answer 8

may exempt employers from WC law if that employer has less than a specific number of employees

Question 9

General Exemptions-Types of Employees

Answer 9

1. Domestic Employees
2. Agricultural/Farm Workers
3. Real Estate Salespersons
4. Casual Laborers

Question 10

Specific Positions-Exemptions

Answer 10

Sole Proprietors/Partners are usually not considered employees

Question 11

Other Exemptions

Answer 11

independent contractors, volunteer workers, leased workers

Question 12

4 Required Benefits

Answer 12

1. Medical Benefits
2. Compensation for Lost Wages
3. Rehabilitation Benefits
4. Death/Survivorship Benefits

Question 13

Disability Benefit Types

Answer 13

1. Temporary Partial
2. Permanent Partial
3. Temporary Total
4. Permanent Total

Question 14

Employer’s Liability Claim Types

Answer 14

1. Third Party Over
2. Care/Loss of Services
3. Consequential Bodily Injury
4. Dual Capacity

Question 15

Third Party Over

Answer 15

third party seeking recovery from insured because it was held liable for insured’s employees injury

Question 16

Care/Loss of Services

Answer 16

Protects against lawsuits filed by an injured employee’s spouse and/or children for loss of the services resulting from injury to the employee in the course of employment

Question 17

Consequential Bodily Injury

Answer 17

Protects against a lawsuit filed by a family member for an injury or disease suffered as a consequence of the employee’s injury

Question 18

Dual Capacity

Answer 18

Protects against lawsuits brought by an injured employee, against the
employer when the injury arises from the activities of the employer in a capacity other than as an employer. In such a case, the employer is liable not only as an employer for workers compensation benefits but also as an entity acting in a different capacity.

Question 19

Employer’s Liability Exclusions

Answer 19

1. Contractual Liability
2. Punitive/Exemplary Damages
3. BI to an employee while employed in violation of the law
4. Any obligation under WC/Similar law
5. Intentional Injury caused by insured
6. Injury outside US, territories, Canada
7. Employment-Related Practices