Question 1

Under the going-and-coming rule ________.

Accepted Answer

The going-and-coming rule states that workers' compensation is denied if the employee is injured "off the premises" while going to or coming back from work or lunch. This means that injuries that occur while the employee is commuting to work or on their way home from work are generally not covered by workers' compensation. However, there are exceptions to this rule, such as if the employee is on a special errand for their employer or if they are required to use a specific mode of transportation provided by their employer.

Question 2

An employee who is injured during horseplay ________

Accepted Answer

Generally, injuries sustained during horseplay are not covered under workers' compensation. However, if the horseplay was a minor departure from the normal workday, the employee may still be eligible for workers' compensation. The exact definition of "minor departure" may vary by state and case, but it typically refers to actions that are not considered excessively dangerous or reckless.

Question 3

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

Accepted Answer

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.

Accepted Answer

Something is incident to employment if it is within the scope of employment, not outside of it.

Question 5

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

Accepted Answer

An employee's misconduct disqualifies him or her from receiving workers' compensation when the misconduct is a willful failure to use a safety device.

Question 6

Match between columns
                        Premises: no-fault system of covering employee injuries

Accepted Answer

The Answer of in the course of and assumption of is...

Question 7

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

Accepted Answer

Self-insurance allows individuals or companies to cover the costs of government-mandated benefits, such as workers' compensation or disability insurance, without purchasing insurance from a third-party provider. This means that they have the ability to pay these benefits on their 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 ________.

Accepted Answer

Ted's extended lunch break to place bets at the racetrack is considered a frolic, which means it was a personal undertaking that was outside the scope of his employment. Therefore, he will be denied workers' compensation.

Question 9

Match between columns
                        Premises: the risk to the employee is quantitatively greater

Accepted Answer

The Answer of workers' compensation and increased-risk test and in is...

Question 10

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

Accepted Answer

The answer of In what sense is worker's compensation a...

Question 11

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

Accepted Answer

Workers' compensation is a no-fault system, meaning that workers do not need to prove that their employer was at fault for their injury or illness in order to receive benefits.

Question 12

Match between columns
                        Premises: time, place, and circumstances of the injury in connection with the employment

Accepted Answer

The Answer of arise out of and dual purpose and is...

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?

Accepted Answer

The answer of Before the adoption of workers' compensation, what...

Question 14

Something is willful if it is extreme.

Accepted Answer

Willful means deliberate and intentional, not necessarily extreme.

Question 15

Match between columns
                        Premises: knowingly and voluntarily accepting the danger

Accepted Answer

The Answer of increased-risk test and dual purpose and assumption is...

Question 16

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

Accepted Answer

The answer of How will a court determine whether a...

Question 17

Match between columns
                        Premises: aggravation only is covered

Accepted Answer

The Answer of assumption of the risk and increased-risk test is...

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.

Accepted Answer

This is a correct statement about the fellow-servant rule, which is a common law doctrine that applies to cases of workplace injuries. However, there are some exceptions to this rule, such as when the employer is directly responsible for the negligent actions of the other employee, or when the injured employee is a supervisor or manager who has a higher level of authority than the negligent 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.

Accepted Answer

The answer of Assume that workers' compensation bars a suit...

Question 20

Explain the increased-risk test.

Accepted Answer

The answer of Explain the increased-risk test....

Quiz 24: Workers Compensation

Under the going-and-coming rule ________.

An employee who is injured during horseplay ________

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

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

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

Match the following

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

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 ________.

Match the following

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

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

Match the following

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

Something is willful if it is extreme.

Match the following

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

Match the following

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

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.

Explain the increased-risk test.