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
Which category of workers is typically EXEMPT from mandatory workers' compensation coverage in many U.S. states?
Answer: Agricultural or farm workers
Many states historically exempted agricultural and domestic workers from mandatory workers' compensation coverage, though some states have since expanded protections.
'Maximum medical improvement' (MMI) is the point at which:
Answer: The worker's medical condition has stabilized and is unlikely to improve further with treatment
MMI signifies that the worker's condition has plateaued, triggering assessment of any permanent disability and transition from temporary to permanent benefits.
When a workers' compensation claim is disputed, the dispute is most commonly resolved:
Answer: Before a workers' compensation administrative law judge or hearing officer
Workers' compensation disputes are handled within the administrative system, typically before a workers' compensation judge, separate from the civil court system.
Independent contractors are generally:
Answer: Not covered by workers' compensation because they are not classified as employees
Workers' compensation coverage extends to employees, not independent contractors, making proper worker classification a critical legal issue in accident attorney practice.
The 'first report of injury' form serves what primary purpose in the workers' compensation process?
Answer: It initiates the workers' compensation claim and creates an official record of the injury
The first report of injury formally initiates the workers' compensation claim process and documents when, where, and how the workplace injury occurred.
Workers' compensation leave and FMLA (Family and Medical Leave Act) leave may:
Answer: Run concurrently when the work injury qualifies as a serious health condition under FMLA
An employer may designate FMLA leave to run concurrently with workers' compensation leave when the injury qualifies as a serious health condition under the FMLA.
If an injured worker receives workers' compensation benefits and later obtains a third-party tort recovery, the employer or insurer typically may:
Answer: Assert a subrogation lien against the third-party recovery
The employer or insurer holds a subrogation lien allowing them to recoup workers' compensation benefits paid from any third-party recovery the injured worker obtains.