Workers Compensation Exam Questions With Complete
Solutions
1. Workers' Com-
pensation Law If an employee is injured on the job, and the employer has provided
- overview workers' comp coverage, the injured employee finds her exclusive
remedy under the provisions of the NY Workers' Compensation Law.
Benefits attorded cover payment for medical treatment and a fractional part
of the earnings lost during disability.
BROAD coverage: Even if the injury-producing conduct arises out of the
employer's acting in a capacity other than that of employer (e.g., owner
of premises, manu- facturer of equipment), the Workers' Comp law bars
recovery.
A plaintitt seeking to recover from employer in lawsuit must plead +
prove the non-applicability of the WC Law.
-- Whether the P is an employee and whether the accident is job-related
are questions to be decided by the Workers' Comp Board.
2. Coverage of --If P fails to make the pleading requirement, D may at any time before
Workers' Comp judgment raise the exclusivity of the compensation remedy.
- Persons --Once D raises this "defense", the court may dismiss the action or stay
Covered
the proceedings pending resolution by the Workers Comp Board of the
jurisdictional question. [But if the case has entered the trial stage, the court
may either refer the matter to the Board or decide the jurisdictional
question as part of the trial]
The following employees are entitled to [and thus limited to] Workers
3. Comp benefits:
1) One employed in any business, trade, or occupation carried on
by an employer for profit - excluding farm laborers
2) Certain farm laborers
3) Domestic workers employed by same employer for min. of 40
hr/week
RIGHT TO BENEFITS IS NOT WAIVABLE: Any agreement by employee to
1/
7
, Workers Compensation Exam Questions With Complete
Solutions
waive his rights to WC is
void.
2/
7
Solutions
1. Workers' Com-
pensation Law If an employee is injured on the job, and the employer has provided
- overview workers' comp coverage, the injured employee finds her exclusive
remedy under the provisions of the NY Workers' Compensation Law.
Benefits attorded cover payment for medical treatment and a fractional part
of the earnings lost during disability.
BROAD coverage: Even if the injury-producing conduct arises out of the
employer's acting in a capacity other than that of employer (e.g., owner
of premises, manu- facturer of equipment), the Workers' Comp law bars
recovery.
A plaintitt seeking to recover from employer in lawsuit must plead +
prove the non-applicability of the WC Law.
-- Whether the P is an employee and whether the accident is job-related
are questions to be decided by the Workers' Comp Board.
2. Coverage of --If P fails to make the pleading requirement, D may at any time before
Workers' Comp judgment raise the exclusivity of the compensation remedy.
- Persons --Once D raises this "defense", the court may dismiss the action or stay
Covered
the proceedings pending resolution by the Workers Comp Board of the
jurisdictional question. [But if the case has entered the trial stage, the court
may either refer the matter to the Board or decide the jurisdictional
question as part of the trial]
The following employees are entitled to [and thus limited to] Workers
3. Comp benefits:
1) One employed in any business, trade, or occupation carried on
by an employer for profit - excluding farm laborers
2) Certain farm laborers
3) Domestic workers employed by same employer for min. of 40
hr/week
RIGHT TO BENEFITS IS NOT WAIVABLE: Any agreement by employee to
1/
7
, Workers Compensation Exam Questions With Complete
Solutions
waive his rights to WC is
void.
2/
7
