Question 1

Accidents that occur at a company cafeteria or while on a business lunch for an employer are covered by workers' compensation.

Accepted Answer

Accidents that occur at a company cafeteria or during a business lunch for an employer are considered work-related incidents and are therefore covered by workers' compensation.

Question 2

In 1950,the United States Congress enacted the Occupational Safety and Health Act to promote safety in the workplace.

Accepted Answer

The Occupational Safety and Health Act was enacted in 1970, not 1950.

Question 3

Accidents that occur while the employee is at an off-premises restaurant during his or her personal lunch hour are not covered by workers' compensation.

Accepted Answer

Workers' compensation only covers injuries that occur while the employee is performing duties for their employer or on their employer's premises. If the employee is on a personal break or lunch hour, they are considered to be off-duty and any accidents that occur are not covered by workers' compensation.

Question 4

The test determining if an employee can recover under workers' compensation is whether the injury resulted from the negligence of the employer.

Accepted Answer

The test for workers' compensation eligibility is not based on proving employer negligence. Instead, it is based on whether the injury or illness arose out of and in the course of employment. In other words, the injury or illness must have happened while the employee was working and must be related to their job duties.

Question 5

Amounts recoverable in workers' compensation benefits do not vary from state to state.

Accepted Answer

Amounts recoverable in workers' compensation benefits do vary from state to state. Each state has its own laws and regulations on workers' compensation, including the amount and duration of benefits, eligibility criteria, and the types of injuries covered.

Question 6

The employee can sue the employer in a regular civil lawsuit,instead of pursuing a workers' compensation claim,if the employer intentionally caused the injury.

Accepted Answer

If the employer intentionally caused the injury, the employee can sue the employer in a regular civil lawsuit for damages, without having to go through the workers' compensation system. However, if the injury was caused unintentionally or as a result of negligence, the employee would need to pursue the claim through the workers' compensation system.

Question 7

Prior to the Industrial Revolution,employees and employers had somewhat equal bargaining power.

Accepted Answer

Prior to the Industrial Revolution, employees and employers had somewhat equal bargaining power because there were more jobs than workers, and workers could easily find other employment if they were unhappy with their current job.

Question 8

The Federal Workers' Compensation law preempts state law whenever they conflict.

Accepted Answer

The answer of The Federal Workers' Compensation law preempts state...

Question 9

Workers can sue their employers in court to recover damages for employment-related injuries if the employer does not carry workers' compensation insurance or does not self-insure if permitted to do so.

Accepted Answer

This is true. Without workers' compensation insurance or self-insurance, employers can be held liable for workplace injuries through a lawsuit.

Question 10

Workers' compensation benefits are paid according to judicial discretion and/or jury verdicts.

Accepted Answer

Workers' compensation benefits are not determined through judicial discretion or jury verdicts. The state-specific workers' compensation laws and regulations govern the benefits, which are calculated based on factors such as the severity of the injury or illness, the employee's average weekly wage, and the length of the disability. These benefits are typically paid by the employer's insurance carrier or state fund, and disputes related to compensation are typically resolved through administrative hearings or appeals rather than judicial proceedings.

Question 11

Once the United States became industrialized in the late 1800s,large corporate employers had much more bargaining power than their employees.

Accepted Answer

As industries grew and consolidated in the late 1800s, large corporations had much more power in labor negotiations due to their control over wages, prices, and jobs. This led to a widening gap between the wealthy owners and the working class, resulting in labor strikes and other protests.

Question 12

For an injury to be compensable under workers' compensation,the claimant must prove that the injury arose out of and in the course of his or her employment.

Accepted Answer

This is a fundamental requirement for a work-related injury to be eligible for workers' compensation benefits. The injured worker must demonstrate that the injury occurred as a direct result of their work and within the scope of their employment. This requirement ensures that only legitimate work-related injuries or illnesses receive compensation.

Question 13

States usually require employers to self-insure to cover workers' compensation claims.

Accepted Answer

Most states require employers to carry workers' compensation insurance, but some do allow self-insurance as an option. However, it is not a universal requirement for employers to self-insure.

Question 14

Many large companies self-insure to cover workers' compensation claims.

Accepted Answer

Many large companies choose to self-insure to cover workers' compensation claims, meaning that they assume the financial risk instead of purchasing insurance from a third-party provider. This allows them to have more control over the claims process and potentially save money in the long run.

Question 15

Workers' compensation benefits are paid according to preset limits established by statute or regulation.

Accepted Answer

Workers' compensation benefits are typically determined by state law, which sets specific benefit amounts and durations for different types of injuries, disabilities, and wage levels. These limits are intended to ensure fair and consistent compensation for injured workers while also balancing the costs and risks for employers and insurers.

Question 16

Virtually all private employers are within the scope of the Occupational Safety and Health Act.

Accepted Answer

The Occupational Safety and Health Act (OSHA) applies to almost all private employers in the United States, regardless of the size of the company or number of employees. Some exemptions may apply, such as for certain types of family farms or self-employed individuals, but generally speaking, most private employers are subject to OSHA regulations.

Question 17

Workers' compensation is a non-exclusive remedy.

Accepted Answer

Workers' compensation is generally considered an exclusive remedy, meaning that employees typically cannot sue their employers for workplace injuries if they are receiving workers' compensation benefits.

Question 18

Workers' compensation acts do not bar injured workers from suing responsible third parties to recover damages.

Accepted Answer

Under workers' compensation laws, injured workers generally cannot sue their employers or co-workers for damages. However, they may still be able to sue third parties who were responsible for their injuries, such as equipment manufacturers or the driver of a company vehicle involved in a crash.

Question 19

Work-related stress is covered under workers' compensation laws.

Accepted Answer

Depending on the country and state, work-related stress can be covered under workers' compensation laws. For example, in the United States, some states have recognized psychological injuries resulting from work-related stress as compensable under workers' compensation laws. However, it is important to note that each case is evaluated on a case-by-case basis and there are specific criteria that need to be met in order for the stress to be covered.

Question 20

Before the Industrial Revolution,the doctrine of laissez-faire governed the employment relationship in the United States.

Accepted Answer

Before the Industrial Revolution, there was a general belief in the principle of laissez-faire, which called for minimal government intervention in economic affairs, including the employment relationship. This meant that employers had considerable freedom in setting wages, hours, and working conditions, while employees had little bargaining power or legal protection.

Quiz 35: Labor, Worker Protection, Employment, and Immigration Law