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Worker's Comp
Ga P& C Insurance Exam - Worker's Compensation
Question | Answer |
---|---|
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What three pre-workers comp, now-outdated legal concepts made suing an employer for worker injuries almost impossible?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 |