Deck 19: Workers Compensation

Question 1

The primary goal of workers' compensation is to protect employers from suit.

Answer 1

False

Question 2

Most states have established a , which allows employees to be compensated even though their employer lacks insurance or the funds to compensate them.

Answer 2

fund

Question 3

The primary goal of workers' compensation is to .

Answer 3

compensate injured workers without regard to fault

Question 4

In our state, the administers workers' compensation.

Question 5

The fellow servant rule absolves employees of liability for harm they negligently inflict on their fellow employees.

Question 6

The implied promise in workers' compensation is that workers will be justly compensated for their injuries if they forego their right to sue.

Question 7

Employees who voluntarily of workers' compensation retain the right to sue their employer in state court.

Question 8

Under the rule, an employer is not liable for injuries incurred by an employee as a result of another employee's negligence even though employees are liable to their fellow employees.

Question 9

The fixed determination of what an injury is worth in terms of compensation is referred to as .

Question 10

Workers' compensation statutes do not violate the Due Process Clause of the U.S. Constitution but may violate state constitutions.

Question 11

All states have a workers' compensation system today.

Question 12

Statutes may not exempt workers from being covered for injuries caused by intentional acts or due to intoxication.

Question 13

Employees cannot, under any circumstances, receive compensation if their employer is unable or unwilling to compensate them.

Question 14

The major types of workers' compensation systems today are and coverage.

Question 15

Voluntary "opting out" is an illusion in most cases.

Question 16

Workers' compensation flourished before the Industrial Revolution.

Question 17

Workers' compensation is administered by administrative law judges and hearing officers.

Question 18

Failure to conform to the procedures set forth in the workers' compensation statutes can result in the loss of benefits.

Question 19

In a voluntary coverage jurisdiction, employees must accept the workers' compensation benefits imposed by statute.

Question 20

When an injury is "scheduled," the compensation for that injury must be paid within a specified time.

Question 21

Compensation is allowed for injuries caused by a co-employee.

Question 22

Workers are rarely fraudulent in their dealings with the workers' compensation bureaucracy.

Question 23

Workers' compensation protects employees from losing their jobs or seniority or advancement opportunities due to work-related injuries.

Question 24

Statutory requirements cause the greatest delays in the resolution of claims.

Question 25

Employers have an incentive in minimizing the number of claims because their premium is based on their claims history.

Question 26

In most cases, the average monthly wage is based on the prior year's income.

Question 27

Insurance companies are commonly deterred from engaging in "hardball" practices because of statutes that make bad faith easy to prove in the context of workers' compensation.

Question 28

The compensation received under workers' compensation is generally equal to the earnings prior to the accident.

Question 29

In most states, the statutory monthly wage is tied to the cost of living index or the state's average monthly wage.

Question 30

Workers' compensation does not always fairly compensate injured workers.

Question 31

Arguably, employers today may have as much control over their employees as they did before workers' compensation was developed.

Question 32

Permanent partial disability payments are based on the difference between an employee's post-injury capacity and the earning capacity of the average worker in that same job.

Question 33

Compensation is allowed for permanent impairment.

Question 34

Employees are obliged to report injuries to their employer but employers have no reporting obligations.

Question 35

Workers are rarely prosecuted for engaging in fraudulent practices in relation to their workers' compensation claims.

Question 36

To qualify for workers' compensation benefits, a worker must prove he or she was injured "on the job."

Question 37

Employees have a right to assert tort claims against third parties although their employer may have subrogation rights.

Question 38

Most states place a cap on the monthly wage workers can be paid as part of their compensation.

Question 39

One of the uncontested benefits of workers' compensation is that it has dramatically improved the relationship between employees and employers.

Question 40

Computation of the average monthly wage is not always straightforward.

Question 41

Subrogation claims of employers can be an impediment to a worker asserting his or her rights against a third party.

Question 42

What is the primary goal of workers' compensation?

Question 43

Before filing a workers' compensation claim, what must employees establish?

Question 44

Why is there often a delay in resolving claims?

Question 45

Why is it in an employer's best interest to get injured workers back to work as soon as possible?

Question 46

What have employees done to sabotage the workers' compensation system?

Question 47

What is the difference between mandatory and voluntary coverage?

Question 48

What is meant by "scheduling" an injury?

Question 49

What problems has the workers' compensation bureaucracy created?

Question 50

What kinds of issues confront the workers' compensation system today?

Question 51

Workers' compensation is immune from such issues as sexual harassment, AIDS, hostile work environment, and employee rage.

Question 52

For what purpose was workers' compensation developed?

Question 53

What impact did the Industrial Revolution have on workers' compensation?