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Worker's Comp

Ga P& C Insurance Exam - Worker's Compensation

QuestionAnswer
When and where was the first workers comp law created? Germany in 1800's
When and where was the first workers comp law created in USA? Wisconsin in 1911
What three pre-workers comp, now-outdated legal concepts made suing an employer for worker injuries almost impossible? 1. Fellow Servant rule 2. Contributory negligence 3. Assumption of risk
Which employers are required to carry workers comp? those with 3 or more employees
List four situations where employers do not need to carry workers comp. 1. less than 3 employees 2. farm workers 3. domestic workers 4. part-time/ casual workers who are not on payroll
Do independent contractors need to carry their own workers comp? Yes- automatically included in employer's workers comp if not (costs employer higher premium and more payroll taxes)
Is negligence on part of employer necessary to pay a claim under workers comp portion of workers comp policy? no- only prove accident occurred at workplace and circumstances
What are the two classifications of states with regard to workers comp? Which is Ga? 1. Monopolistic = workers comp only available as state program 2. Competitive = workers comp available through state, private ins co or self insured (Surety Bond) ;Ga is competitive
Who investigates a workers comp claim? Ins co always, state if desired and feds on only certain types of claims
List 5 types of workers comp claims always investigated by feds. and the act responsible for each 1. Crews on Vessels = Jones Act 2. Longshoremen/ harbor workers = Harbor Workers Act 3. Postal workers = Fed Employees Act 4. Railroad workers = Fed Employees Act 5. Miners = Black Lung Act
What two major types of med claims will workers comp pay? injuries at workplace and occupational diseases
What are three types of injuries NOT covered under workers comp? 1. Injuries resulting form personal activities 2. Intentional Injuries 3. Alcohol-related injuries
What are four major types of benefits/ payments made under workers comp and the limits / waiting period for each? 1. Medical (no limit; no wait) 2. Income (66.6% wages; 7 days non-retro / 21 days retro) 3. Death (spouse gets 66.6% wages until 65 or remarried; child up to 22 while in school) 4. Rehabilitation- physical and vocational (no limit)
What is the major effect of the Second Injury Fund? incentive to hire handicapped (lessens odds of total loss injury payments by accounting for preexisting partial "injury" [i.e. disability])
What is the structure/ format of a workers comp policy? 1. Info Page 2. Workers Compensation 3. Employer Liability
Is negligence on part of employer necessary to pay a claim under Employer Liab section of workers comp coverage? Yes
With regard to Employer Liab section of workers comp coverage, what is loss of consortium? injured worker can no longer help his / her spouse do work at home or be intimate
With regard to Employer Liab section of workers comp coverage, what are the basic/ min limits for: 1. injuries 2. disease 3. disease aggregate? 1. injuries = $100k per accident; 2. disease = $100k per employee; 3. disease aggregate = $500k
What is the cancellation policy for a workers comp policy? 10 days notice for non-payment and 75 days notice for all other reasons
What is the purpose of the Assigned Risk Pool? High or low premium rates? state program that provides workers comp to employers who do not qualify for private ins co's workers comp coverage; high premiums
What are three types of co's that might have to be in Assigned Risk Pool? 1. new co w/ no prior coverage 2. co w/ too many claims on prior coverage 3. High risk occupations
Created by: jkbick
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