Workers Compensation

All of the following injuries occurring on the job would probably be deemed compensable, EXCEPT: -A food injury caused by a fellow employee running over it with a tow motor -A back injury resulting from lifting a heavy object with another employee -A heart attach from overexertion while moving an object at work -A cereal hemorrhage occurring at work and cause from years of high blood pressure.

-A cereal hemorrhage occurring at work and cause from years of high blood pressure.

When an employer self-insures their workers' compensation risks, but would like to purchase insurance to cover claims that may exhaust their self-insured limits what coverage should be purchased? -Umbrella coverage -Catastrophic coverage -Excess coverage -A surety bond

-Excess coverage

All of the following are reasonable duties of care that are required of employers, EXCEPT: -Work workers of obvious dangers -Provide an adequate number of competent employees -Make and enforce rules for the safety of all workers -Provide safe tools and equipment to workers

-Warn workers of obvious dangers

Collin suffered a work-related injury on the morning of February 5th and was off work completely until he returned to work on full duty on February 19th. Collin had worked for his employer for four years and was paid $42,125 per year. Collin's state sets the TTD rate at 66 2/3rd percent of the average weekly wage. The state sets the maximum compensation rate at $420 per week and the waiting period at 3 days retroactive after 10 days. Collin was not paid for working on February 5th, so how many days of TTD compensation is Collin entitled to receive? -11 -10 -14 -15

-14

Which of the following circumstances would be an injury considered to "arise out of and in the course of" the employment? -An employee was injured during a lunch break in the factory parking lot. -A work-related accident occurred when the risk of injury was well known to the employee. -A workplace injury was caused by an employee's own negligence -An injury to an employee was caused by the carelessness of another worker

-An employee was injured during a lunch break in the factory parking lot.

All of the following are common-law duties of an employer under a workers' Compensation policy, EXCEPT: -Provide an adequate number of competent fellow workers -Assumption of risk -Warn workers of inherent dangers -Provide a safe working environment

-Assumption of risk

On Monday afternoon, Carissa's boss requested that she finish updating the company website by Tuesday morning. Carissa did not want to stay at the office late into the evening so she took her work home to complete it there. On the way home, Carissa remembers that she left an external hard drive back at the office. this hard drive contained files that she needed to complete the website updates so she turns her car around and heads back to the office to retrieve it. Two blocks away from her office, another care runs a stop light and smashes into Carissa's car, severely injuring her. Which of the following statements would be True in how Carissa would be handled by her employer's workers compensation coverage? -Carissa's injuries are compensable because she was driving to retire a work-related item. -Carissa's injuries are compensable because she was technically "at work", she was simply taking work home. -Carissa's injuries are not compensable as she was commuting to work and coverage does not apply in that case Carissa injuries are not compensable because she contributes to her injures by forgetting the hard drive.

-Carissa's injuries are not compensable as she was commuting to work and coverage does not apply in that case

The Jones Act allows the crew of a ship to sue their employer for negligence that results in injury or death using the: -Comparative negligence standard -Modified contributory negligence standard -Contributory negligence standard -Modified comparative negligence standard

-Comparative negligence standard

Generally, all workers' compensation policies will pay all of the following types of benefits, EXCEPT: -Coverage for lawsuits brought by the employee -Medical expense benefits -Indemnity benefits -Burial benefits

-Coverage for lawsuits brought by the employee

Generally, employers have three methods of obtaining workers' compensation coverage. Which of the following is NOT one of those methods? -Purchasing from a state-fun residual market plan -Creating a plan where employees pay the premium on workers' compensation for the group -Purchasing from a private or state-run insurance company -Self-insuring the workers' compensation

-Creating a plan where employees pay the premium on workers' compensation for the group

Which of the following would be covered under the Jones Act? -Repairers of ships -Tourists on a cruise ship -Loaders of ships -Crew members of a ship

-Crew members of a ship

Which of the following is NOT covered by the Federal Employee's Compensation Act (FECA)? -Vocational rehabilitation benefits -Damages awarded by a court -Lost wages -Medical benefits

-Damages awarded by a court

Which of the following is NOT a method of determine causation of injuries under a workers' compensation claim? -Determining if the injured worker was performing duties that he or she was authorized to perform -Determining if the injury or illness arose out of the employment -Determining if the injury or illness arose in the course of employment -Determining the proximate cause of the injury or illness

-Determining the proximate cause of the injury or illness

Which of the following is NOT a method of determining causation of injuries under a workers' compensation claim? -Determining if the injured worker was performing duties that he or she was authorized to perform -Determining if the injury or illness arose out of the employment -Determining the proximate cause of the injury or illness -Determining if the injury or illness arose in the course of the employment

-Determining the proximate cause of the injury or illness

With regard to workers' compensation coverage, a "competitive" state is: -One where both private and government insures write workers' compensation policies, but the government premium rates remain the lowest and most competitive -One where the state government provides all workers' compensation policies, but there are enough different coverage choices within the program to be competitive -One where the law requires a large enough number of workers' compensation carriers be granted a certificate of authority to write coverage so that it keeps the premium rates at a low, competitive rate. -One where both private and government insurers write workers' compensation policies that compete against one another.

-Determining the proximate cause of the injury or illness

Which of the following best describes the fundamental trade-off of Workers Compensation insurance? -In exchange for providing workers compensation and health insurance for all employees, employers become immune from any civil liability -Employees are provided no-fault benefits for most work-related injuries in exchange for the loss of the right to sue the employer for damages. -Employees who waive their rights under workers compensation laws also lose their rights to bring civil lawsuits against their employers. -As long as employers provide workers compensation insurance, they are exempt from OSHA regulations

-Employees are provided no-fault benefits for most work-related injuries in exchange for the loss of the right to sue the employer for damages.

Which of the following best describes the fundamental trade-off of workers compensation insurance? -Employees who waive their rights under workers compensation laws also lose their rights to bring civil lawsuits against their employers -Employees are provided no-fault benefits for most work-related injuries in exchange for the loss of the right to sue the employer for damages. -As long as employers provide workers compensation insurance, they are exempt from OSHA regulations. -In exchange for providing workers compensation and health insurance for all employees, employers become immune from any civil liability.

-Employees are provided no-fault benefits for most work-related injuries in exchange for the loss of the right to sue the employer for damages.

Which of the following are covered by the Federal Employers Liability Act (FELA) -Employees of interstate railroads -Coal miners -Crew members on federal waters and the high seas -Longshoremen and harbor workers

-Employees of interstate railroads

Fernando is a railroad worker covered under the Federal Employers Liability Act (FELA). He has sustained an injury on the job, which of the following must be true in order for Fernando to collect on a claim? -Fernando must simply submit a claim, because FELA is "no-fault" insurance -Fernando must prove that his employer's negligence caused his injury -Fernando can submit the claim and receive damages even if he was 100% at-fault for his own injuries -Fernando will receive damages paid by his employer because the strict negligence standard is used

-Fernando must prove that his employer's negligence caused his injury

Which of the following statement best describes a "monopolistic" state workers compensation fund? -It is a group of small employers who pool their funds and create an insurance company to insure just their own employees -It is the primary source of workers compensation insurance in those states that do not allow private workers compensation insurance to be sold -It is federally run fund to insure the workers compensation exposures of state workers. -It is the fund that employers use if they are unable to secure coverage in the private market

-It is the primary source of workers compensation insurance in those states that do not allow private workers compensation insurance to be sold

With regard to workers' compensation coverage, a "competitive" state is: -One where both private and government insurers write workers' compensation policies that compete against one another. -One where both private and government insurers write workers' compensation policies, but the government premium rates remain the lowest and most competitive -One where the law requires a large enough number of workers' compensation carriers be granted a certificate of authority to write coverage so that it keeps the premium rates at a low, competitive rate. -One where the state government provides all workers' compensation policies, but there are enough different coverage choices within the program to be competitive.

-One where both private and government insurers write workers' compensation policies that compete against one another.

With a work-related injury, the loss of a finger would be characterized as what type of disability? -Permanent partial disability -Temporary partial disability -Permanent total disability -Temporary total disability

-Permanent partial disability

Which of the following best describes a competitive state when it comes to workers' compensation coverage? -All workers' compensation coverage offered in the state is provided by state government programs -Private insurance companies write workers' compensation coverage but the state also writes coverage that competes with the coverage offered by private carriers -All workers' compensation coverage offered in the state is provided by private insurance carriers that compete against one another. -All workers' compensation coverage offered in the state must be provided by the state's residual market program.

-Private insurance companies write workers' compensation coverage but the state also writes coverage that competes with the coverage offered by private carriers

When a state is "monopolistic" with workers' compensation coverage, employers in that state are: -Required to self-insure their workers compensation coverage -Required to purchase their workers' compensation coverage from the state-funded plan -Permitted to purchase coverage through a private insurer or through the state-funded plan -Not required to provide workers' compensation coverage for their employees

-Required to purchase there workers' compensation coverage from the state-funded

When determining if an injury or illness is compensable under a workers' compensation policy, which of the following is the criteria used? -That the injury of illness arose out of the course of employment. -That the injury or illness arose out of and in the course of the employment -The person or people "at fault" in causing the accident led to the injury or illness -What was the proximate (legal) cause of the loss.

-That the injury or illness arose out of and in the course of the employment

Ellie's Engineering, INC. has several warehouses and it is necessary for employees to transport different items between the warehouses, depending on what products are being manufactured at any given time. One day Bill, Karen, and Josh were required to load several containers of an explosive chemical onto a truck to transport it across town to another warehouse. Karen knew that the chemical must be handled carefully to prevent it from exploding but she did not refuse to move the containers, Josh is moving the truck of of the loading zone and negligently back it into a brick wall, causing an explosion, injuring all three workers. Bill died from the injuries several days after the accident. Which of the following statements most accurately describes the common law defense that Ellie's engineering might sue to defend themselves against a lawsuit filed by Karen? -The contributory negligence doctrine only -The assumption of risk, contributory negligence, and fellow worker doctrine -The assumption of risk only -The assumption of risk and the fellow worker doctrine only.

-The assumption of risk, contributory negligence, and fellow worker doctrine

The most common method used by employers to obtain workers' compensation coverage is: -Through an employee contribution group. -Through self-insurance -Through private insurers -Through a state-run residual market plan

-Through private insurers

The workers' compensation plan covering land-based maritime workers is called: -U.S. Longshore and Harbor Workers' Compensation Act -The Jones Act -The Federal Employers Liability Act -The Federal Employees Compensation Act

-U.S. Longshore and Harbor Workers' Compensation Act

All of the following statements are TRUE about Workers Compensation benefits, EXCEPT: -Rehabilitation benefits may be provided under certain conditions -The workers compensation laws of the state take precedence over the insurance policy -Waiting periods apply to medical and disability benefits -Death benefits may include a burial allowance

-Waiting periods apply to medical and disability benefits

All of the following are advantages of purchasing workers' compensation insurance from a private carrier, EXCEPT: -the ability to purchase "employer's liability" coverage as part of the policy -the ability to purchase "other states" insurance as part of the policy -the high deductibles -the insurer bears the costs of the claims investigations and claims payments.

-the high deductibles