Deck 24: Workers Compensation

Question 1

Under the going-and-coming rule ________.

A) Workers' compensation is denied if the employee is injured "on the premises."
B) Workers' compensation is granted if the employee is injured during a frolic.
C) Workers' compensation is denied if the employee is injured "off the premises" while going to or coming back from work or lunch.

Answer 1

C

Question 2

An employee who is injured during horseplay ________

A) is denied workers' compensation despite the involvement in horseplay unless the horseplay was "off the premises"
B) is denied workers' compensation because of the involvement in horseplay unless the horseplay was a minor departure from the normal workday
C) is denied workers' compensation because of the involvement in horseplay unless the horseplay was a major departure from the normal workday

Answer 2

B

Question 3

Distinguish between arising out of employment and in the course of employment.

Answer 3

Arising out of employment refers to the causal connection between the injury and the employment; in the course of employment refers to the time, place, and circumstances of the injury in connection with the employment.

Question 4

Something is incident to employment if it is outside the scope of employment.

Question 5

When does an employee's misconduct disqualify him or her from receiving workers' compensation ________?

A) when the misconduct is "off the premises"
B) when the misconduct does not involve the use of a safety device
C) when the misconduct is a willful failure to use a safety device
D) when the misconduct is due to carelessness

Question 7

Self-insurance is the ability to pay government-mandated benefits on your own.

Question 8

Ted is an office worker. He takes an extended lunch break to stop at the racetrack to place some bets. While leaving the parking lot of the racetrack to go back to work, he is injured in an automobile accident ________.

A) Ted can receive workers' compensation because he was injured during the workday.
B) Ted can receive workers' compensation because he was injured on the way back to work.
C) Ted will be denied workers' compensation because he was injured during a frolic.
D) Ted can receive workers' compensation because he was injured within the scope of employment.

Question 10

In what sense is worker's compensation a form of strict liability?

Question 11

Workers' compensation is a fault system of paying for medical care and providing limited wage benefits to workers.

Question 13

Before the adoption of workers' compensation, what three defenses often defeated tort claims brought by employees against their employers for on-the-job injuries?

Question 14

Something is willful if it is extreme.

Question 16

How will a court determine whether a mixed-purpose trip is covered by workers' compensation?

Question 18

Under the fellow-servant rule, an employer will not be liable for injuries to an employee caused by the negligence of another employee.

Question 19

Assume that workers' compensation bars a suit against the employer for an on-the-job injury. Nevertheless, a tort action might still be possible by the employee against a different defendant for this injury. Give an example.

Question 20

Explain the increased-risk test.

Question 21

List five tests used by different courts to determine whether an injury arose out of the employment.

Question 22

How does workers' compensation handle preexisting injuries or diseases?

Question 23

When is an employee injured during horseplay covered by workers' compensation?