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11 Cards in this Set

  • Front
  • Back
What are the employers' obligations under common-laws doctrines?
Provide a reasonably safe place to work; provide reasonably safe tools; provide reasonably sane and sober fellow employees; set up safety rules and enforce them; and warn every worker of any dangers inherent in the work that the worker could not be expected to know about.
What are the three defenses available to the employer against liability?
Contributory negligence, which states that if the employeree in any way contributed to his injury or disease.

Fellow servant rule, which states that if a a fellow employee caused the injury, the injured worker could not recover from the employer but must seek to recover damages from the fellow employee.

Assumption of risk doctrine, which states that the employee, by accepting the job, assumed the normal risk associated with that job because the wages compensated for that risk.
Describe the types of Workers' Compensation Laws
Compulsory Laws - every employer must provide the benefits and amounts stipulated in the laws or face penalties for noncompliance (paying the benefits; paying stipulated fines; or having officials close down the business)

Elective Laws, an employer can decide whether to provide workers' compensation benefits. If an employer does not provide the benefits and an employee is injured, the employee can sue.
Describe the two methods of providing insurance to comply with a state's Workers' compensation laws
in a monopolistic state, insurance must be purchased from a state-run insurer.

A state that uses the competitive workers' compensation method can provide coverage through: an insurance policy from a private carrier; a state-administered fund; an assigned risk plan; or self-insurance.
Discuss the benefits provided under workers' compensation as mandated by law
Medical expenses coverage
Rehabilitation benefits are provided for vocational training, transportation, and other necessary expenses;
Indemnity for Loss of Income, based on a percentage of an employee's salary per week for temporary partial disability, permanent partial disability, temporary total disability, and permanent total disability;
Occupational diseases;
What is Second Injury Fund?
The second injury fund encourages employers to hire disabled employees by paying some of the costs for a second injury.
Define the Workers' Compensation and Employers' Liability policy
The policy's coverage is split into three parts:
Workers' Compensation - covers an employers' legal obligations under workers' compensation law.
Employers' Liability - covers an employer's legal liability for injury to an employee in a situation not covered under workers' comp.
Insurance in Other states
Exclusions to Workers' Compensation
Serious and willful misconduct by the insured
Employment of a person hired in violation of the law
Failure to comply with health or safety regulation
Discharge or discrimination against an employee in violation of Workers' Compensation law
Federal Workers' Compensation Laws
Persons in certain employments are not covered by the provisions of any state workers' compensation law. Instead, they receive their benefits under federal law. Congress passed the Federal Employers' Liability Act (FELA) in 1908 to protect employees of interstate railroads.
United States Longshore and Harbor Workers' Compensation Act
Employees engaged in maritime activities, including loading, unloading, building, or repairing vessels, are covered by this federal statute.
The Merchant Marine Act (Jones Act)
The Jones Act covers masters and members of the crews of ocean-going vessels.