NY Adjusters - Workers' Comp

Which of the following accurately summarizes the "assumption of risk" rule?

• Before workers' compensation insurance, employers were not held liable if a worker's injuries were in any way caused by the negligence of a fellow employee.
• Before workers' compensation insurance, workers had no remedy for the normal risks inherent in their jobs
• After workers' compensation laws were passed, employers were not held liable if a worker's injuries were in any way caused from the action or negligence of a fellow employee.
• Before workers' compensation insurance, an injured worker found at fault to any degree would be denied compensation entirely.

Under the Longshore and Harbor Workers' Compensation Act, how much would the surviving spouse of a deceased worker receive in benefits?

• 100% of the deceased worker’s Average Weekly Wage
• 66 2/3% of the deceased worker’s Average Weekly Wage
• 50% of the deceased worker’s Average Weekly Wage
• lump sum payout of $50,000

How many days must written notice be given for an insurer cancelling a Workers' Compensation policy for any reason OTHER THAN non-payment of premiums?

• 10 days in advance
• 30 days in advance
• 15 days in advance
• None. The insurer only needs to notify the Chairman of the Workers' Compensation Board, not the employer.

Which of the following would cover an American sailor who was injured while crossing the Pacific ocean?

• the boat owner's liability policy

• Workers' Compensation

• The Federal Employers Liability Act (FELA)

• The Jones Act

Answer explanation

The Merchant Marine Act of 1920 (also known as the Jones Act) would cover the sailor. The Jones Act protects injured seamen by allowing them to sue their employers for damages and to choose a jury trial.

In which state(s) is workers' compensation insurance not required by law?

• New York and Texas
• Texas
• New York
• Ohio and Oklahoma

Which one of the following circumstances would allow an employee to collect workers compensation insurance?

• Thomas complains that the customer's complaints are causing his state of depression to worsen and that has caused him to injure himself.
• Carrie and Thomas take a few shots of whiskey during their lunch break then return to the office. An hour later, Thomas slips and falls off a ladder.
• Thomas is unloading goods he's delivered to 125 miles from his warehouse and injures his back.
• Thomas instigates a fight in the workplace and is injured when he is knocked into a piece of heavy machinery.

How long does an injured employee have to send written notice of a work-related injury to their employer?

• 60 days
• 10 days
• 15 days
• 30 days

Under the Black Lung Benefits Act, who is responsible for paying a coal miner’s claims?

• The Mine Workers union
• The last coal mine operator for whom the miner worked for at least a year
• The Miners Compensation Fund
• The coal mine operator for whom the miner worked for the longest continuous period of time

Jared is a coal miner who contracts black lung disease but decides to keep working as long as he can. Six months later, he has a coughing fit that causes him to stumble, and he breaks his wrist in the fall. This forces him to finally retire, and two months later, he dies. The Black Lungs Benefits Act will pay for all of the following EXCEPT:

• Jared’s medical treatments when he knew he had black lung disease but was still working in the mine.
• treatment for Jared’s broken wrist.
• Jared’s initial doctor’s appointment, that determined that he had black lung disease.
• benefits to Jared’s family after his death.

Disability payments through workers' compensation insurance are primarily based on:

• the employee’s average weekly wage.
• the employee’s W-2 from the previous year.
• the employee’s most recent paycheck.
• the amount of time the employee has worked for the company.