accident attorney Workers' Compensation 1 — Questions and Answers
Question 1: Which entity primarily administers workers' compensation programs in the United States?
- The U.S. Department of Labor
- State workers' compensation agencies and boards (Correct answer)
- The Social Security Administration
- Private insurance carriers without state oversight
Correct answer: State workers' compensation agencies and boards
Workers' compensation is primarily governed and administered at the state level through state agencies and boards, not the federal government.
Question 2: The 'exclusive remedy' doctrine in workers' compensation means:
- Only the employer's chosen doctor can treat the injured worker
- Injured workers must use only state-approved attorneys
- Workers' compensation is generally the sole legal remedy against an employer for work injuries (Correct answer)
- Employers exclusively determine the amount of compensation
Correct answer: Workers' compensation is generally the sole legal remedy against an employer for work injuries
The exclusive remedy doctrine bars injured employees from suing their employers in tort, limiting them to workers' compensation benefits as the sole recourse against the employer.
Question 3: Under the 'coming and going' rule, an injury sustained during an employee's ordinary commute to work is typically:
- Fully covered under workers' compensation
- Covered only if the employer provides transportation
- Not covered because it occurs outside the scope of employment (Correct answer)
- Covered if the employee is on call
Correct answer: Not covered because it occurs outside the scope of employment
The coming and going rule generally excludes injuries during an employee's ordinary commute because they do not occur within the scope of employment.
Question 4: Temporary total disability (TTD) benefits are paid when:
- An employee is permanently unable to perform any work
- An employee can perform some but not all job functions
- An employee is temporarily unable to perform regular duties due to a work injury (Correct answer)
- An employer temporarily closes operations following a workplace accident
Correct answer: An employee is temporarily unable to perform regular duties due to a work injury
TTD benefits compensate workers who are completely unable to work for a temporary period while recovering from a work-related injury.
Question 5: What percentage of an injured worker's average weekly wages do most states provide for TTD benefits?
- 100%
- 80%
- Approximately two-thirds (66.67%) (Correct answer)
- 50%
Correct answer: Approximately two-thirds (66.67%)
Most states replace approximately two-thirds of the worker's pre-injury average weekly wages as TTD compensation.
Question 6: Which of the following injuries would most likely NOT be covered by workers' compensation?
- A repetitive motion injury from assembly line work
- A back strain from lifting equipment on the job
- An injury sustained during a voluntary off-site company social event (Correct answer)
- A slip and fall in the company break room
Correct answer: An injury sustained during a voluntary off-site company social event
Injuries at voluntary off-site events are generally not covered because they do not occur within the required scope of employment.
Question 7: A 'third-party claim' in the context of workers' compensation refers to:
- A claim filed by a third insurer against the employer
- A tort lawsuit filed against a party other than the employer who caused the work injury (Correct answer)
- A claim filed by a worker's family member for derivative benefits
- A dispute brought before a third-party arbitration panel
Correct answer: A tort lawsuit filed against a party other than the employer who caused the work injury
A third-party claim allows an injured worker to pursue a tort action against a negligent non-employer, such as an equipment manufacturer, who contributed to the injury.
accident attorney Workers' Compensation 1
Which entity primarily administers workers' compensation programs in the United States?