Worker's Compensation Flashcards
Thus defense placed all the risk on the employee as being responsible for knowing the work conditions prior to employment
Assumption of Risk
Removed the employer’s negligence if a fellow employee contributed in any way to the loss
Fellow servant rule
Used to argue that the employee was partially at fault and therefore was not eligible to recover benefits from the employer
Contributory negligence
Are mandated by state law, employers are required to provide workers’ compensation benefits to their employees - either via insurance or self insurance
compulsory
where worker’s compensation benefits are not mandated by state law, employers have the choice to accept or reject state worker’s compensation laws
elective
worker’s compensation insurance is only available through a state fund
monopolistic states
worker’s compensation insurance is available through private insurers as well as any state fund that may exist
competitive states
Which of the following types of worker’s compensation laws is available through a state fund?
A) compulsory
B) elective
C) monopolistic
D) competitive
C) monopolistic
Must arise out of the course of employment and be caused by conditions that are particular to that employment
Occupational disease
applies to railroad workers
FELA
applies to workers who load, unload, build, or repair ships (not to crew of the ship)
US longshoremen & Harbor workers
Applies to sailors injured by the negligence of others (seamen)
Jones Act
Cannot work again
permanent total
Able to do some work, but will not fully recover; can still earn wage but not as much as before
permanent partial
- expected to recover, unable to work while recovering
- destroys workers’ earning
Temporary total
