← All accident attorney Flashcard Decks

Workers' Compensation Flashcards

7 cards from real accident attorney practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Workers' Compensation flashcards as text
  1. An 'independent medical examination' (IME) in a workers' compensation case is most often requested by:

    Answer: The employer or insurance carrier to evaluate the extent of injury

    IMEs are typically arranged by the employer or insurer to obtain an independent assessment of the worker's injury and ability to return to work.

  2. 'Permanent partial disability' (PPD) benefits are designed to compensate for:

    Answer: A permanent loss of earning capacity or physical impairment that is not total

    PPD benefits compensate workers who sustain permanent impairments that reduce but do not eliminate their ability to work.

  3. A workers' compensation lump sum settlement typically requires:

    Answer: Approval by the state workers' compensation agency or a judge

    Lump sum settlements in workers' compensation generally require approval from a workers' compensation judge or agency to ensure the worker understands the rights being waived.

  4. Under workers' compensation law, 'occupational disease' coverage generally applies to:

    Answer: Diseases or conditions caused by specific employment conditions or exposures

    Occupational disease coverage applies to conditions that develop over time due to workplace exposures, such as asbestosis, silicosis, or carpal tunnel syndrome.

  5. The employer or insurer's right to recover workers' compensation benefits paid from a third-party settlement is known as:

    Answer: Subrogation

    Subrogation allows the employer or insurer to recover amounts paid in workers' compensation benefits from any third-party recovery the injured worker obtains.

  6. Which of the following is a recognized defense commonly raised to deny workers' compensation benefits?

    Answer: The worker was intoxicated at the time of the injury

    Most states deny or reduce workers' compensation benefits when the worker's own intoxication was the proximate cause of the injury.

  7. 'Vocational rehabilitation' benefits in workers' compensation are intended to:

    Answer: Help injured workers acquire new skills or training to return to gainful employment

    Vocational rehabilitation benefits fund job training, education, or retraining programs to help workers who cannot return to their prior positions due to their injury.