Basics Flashcards

(45 cards)

1
Q

What is the primary purpose of Workers’ Compensation?

A

To protect the worker

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2
Q

True or False: Workers’ Compensation precludes civil suits against third parties.

A

False

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3
Q

What are the two types of payments covered by Workers’ Compensation?

A
  • Temporary payments while out of work
  • Permanent payments for permanent injury
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4
Q

What happens if an employee loses two fingers at work?

A
  • Claim against the manufacturer of the machine
  • Award in civil court
  • Compensation claim settles before civil trial
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5
Q

Fill in the blank: An illegal alien’s status has ______ on civil or compensation claims.

A

no effect

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6
Q

What is the consequence of an employer not having Workers’ Compensation insurance?

A
  • Violates the law
  • Uninsured fund pays medical and temporary benefits but not permanency
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7
Q

True or False: A worker paid under the table can still file a Workers’ Compensation claim.

A

True

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8
Q

What is required to prove an independent contractor’s status?

A
  • Exclusive control by the employer
  • Paid directly
  • Compliance with employer’s specifications
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9
Q

What is the consequence if a subcontractor has no coverage?

A

General contractor’s insurance pays

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10
Q

What must be demonstrated to succeed in a Workers’ Compensation claim?

A
  • Proof of employment
  • Injury on the job
  • No causal relationship needed except commuting
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11
Q

What does the ‘menu of body parts’ in Workers’ Compensation refer to?

A

A chart assigning maximum weeks of benefits for injuries to specific body parts

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12
Q

How does the Workers’ Compensation chart change over time?

A

It goes up every year based on average earnings of workers

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13
Q

What is the maximum number of weeks assigned for a hand injury?

A

245 weeks

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14
Q

What is the maximum number of weeks assigned for a leg injury?

A

315 weeks

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15
Q

If a worker receives a 25% hand award, how many weeks do they receive?

A

61 weeks

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16
Q

What scale is used for unscheduled/partial total injuries?

A

600-week scale

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17
Q

How many weeks would a 20% back award equate to?

A

120 weeks

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18
Q

True or False: The Workers’ Compensation system uses a standardized system of weeks for calculating benefits.

A

True

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19
Q

What is the role of the director of workers’ complaints?

A

Held accountable to the commissioner of labor

20
Q

What is the maximum fee an attorney can charge in Workers’ Compensation cases?

A

20% of the gross amount of benefits obtained

21
Q

What are the steps a worker must follow after getting injured on the job?

A
  • File a claim immediately
  • Keep detailed notes on treatment and feelings
  • Get medical evaluations
22
Q

What recourse do employees have if they face retaliation for filing a Workers’ Compensation claim?

A

Usually through unions

23
Q

What must be posted at the job site regarding Workers’ Compensation?

A

Insurance information

24
Q

Fill in the blank: A temporary employee may still recover from the ______ fund even if not technically an employee.

25
What is a compensable injury for police and firemen, even if they are volunteers?
Injuries sustained while performing their duties
26
What must be proven for general cancer claims in Workers' Compensation?
Exposure at work caused the injury
27
What does the term 'idiopathic fall' refer to in Workers' Compensation?
A fall with no known cause at work
28
What is the impact of an employee's mental health condition on Workers' Compensation claims?
Needs objective medical evidence to be compensable
29
What is required if a worker wants treatment from a different doctor?
File a motion with an opinion of causal relationship
30
What happens if a Workers' Compensation claim is not filed right away?
Risk of delays and potential loss of benefits
31
True or False: The burden of proof in a Workers' Compensation case is on the petitioner.
True
32
What is the significance of the 1980 Act regarding psychological claims?
Subjective complaints are not enough; objective signs are needed
33
What percentage of wages is typically used for compensation in workers' comp?
70% of wages, capped at a statewide max/min ## Footnote This percentage is used to calculate the weekly compensation rate.
34
What is the standard time scale used for Unscheduled/Partial Total awards?
600-week scale ## Footnote This scale is used to determine the duration of compensation for partial disabilities.
35
How do you calculate the dollar award for a 20% back injury?
20% × 600 = 120 weeks ## Footnote Then multiply 120 weeks by the weekly compensation rate.
36
Why is the term 'Weeks' used in calculating injury awards?
It’s a standardized system for measuring injury awards ## Footnote This allows judges, lawyers, and insurers to communicate effectively using the same metrics.
37
In the example provided, what is the weekly compensation rate for a worker making $900/week?
$630/week ## Footnote This is calculated as 70% of the worker's gross wages.
38
What is the total award for a 30% hand injury if the hand is assigned 245 weeks?
$46,305 ## Footnote Calculation: 30% × 245 weeks = 73.5 weeks; 73.5 × $630 = $46,305.
39
What is the first step in calculating a workers' comp award?
Find the Injury Type ## Footnote This involves determining whether the injury is scheduled or unscheduled.
40
What is the maximum number of weeks for a scheduled injury?
Each body part has a max # of weeks according to the NJ disability chart ## Footnote This varies by body part and is defined in the state's regulations.
41
What is the formula to find the Award Weeks for a hand injury?
Multiply the % of Disability by the weeks for that body part ## Footnote Example: For a hand with 245 weeks, 25% disability results in 61.25 weeks.
42
What is the maximum and minimum weekly compensation rate for 2025?
Max ≈ $1,170, Min ≈ $293 ## Footnote These values change every year based on state regulations.
43
What is the final step in calculating the total award in dollars?
Multiply Award Weeks by Weekly Rate ## Footnote This gives the total monetary compensation before adjusting for any credits or liens.
44
What should be adjusted for after calculating the total award?
Credits or Liens ## Footnote This includes any prior awards or third-party recoveries that may affect the net amount.
45
Fill in the blank: The shortcut memory hook for calculating awards is Body Part → Weeks → % → Comp Rate → Multiply → _______.
Adjust ## Footnote This memory hook helps to remember the steps in the calculation process.