Term
| Worker's Compensation Policy |
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Definition
| Insurance, which covers an employer's obligations under Worker's Compensation laws, which make the employer responsible for, stated damages in the event of a work-related injury or illness. Worker's Compensation coverage also includes separate coverage for Employers' Liability. |
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Term
| Is the worker's compensation law the same in every state? |
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Definition
| No. Although the law varies in detail from state to state, basically the end results are the same. |
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Term
| What is the worker's compensation law? |
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Definition
| Employees are compensated for injuries incurred on the job regardless of fault, in return for which employees immunize employers from injury lawsuits. |
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Term
| How does the worker's compensation law vary from state to state? |
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Definition
| " In some states benefits are provided entirely by the state. In others, both private insurance funds and state funds are used. In the majority of states, the benefits are paid entirely through private insurance or self-insurance means, however the benefits are regulated by the state. " is the correct response to: |
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Term
| Worker's Compensation Insurance |
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Definition
| Insurance, which covers an employer's obligations under Worker's Compensation laws, which make the employer responsible for, stated damages in the event of a work-related injury or illness. Worker's Compensation coverage also includes separate coverage for Employers' Liability. |
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Term
| What does the worker's compensation insurance policy cover? |
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Definition
| The basic and primary function is to provide an employer the coverage required by law. |
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Term
| Who is an employer under the worker's compensation law? |
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Definition
| Typically, one who must provide and secure benefits for "employees," including the state, political subdivisions and public as well a quasi-public corporations. |
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Term
| What is an "employment" under the worker's compensation law? |
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Definition
| "Employment" includes all governmental employees regardless of the number of employees, and private employments with 4 (four) or more employees (one or more in construction). |
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Term
| Are there any types of employments not requiring covered under the worker's compensation law? |
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Definition
| " Domestic servants in private homes, small farms (five or less regular employees and less than 12 other employees at one time for seasonal labor not exceeding 30 days), professional athletes, sports officials for interscholastic sports and public or private non-profit amateur sports events, labor under sentence of a court to perform community services (DUI law), state and county prisoners unless working for private employers, and employees covered by the Defense Base Act. " is the correct response to: |
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Term
| Define an employee under the worker's compensation law. |
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Definition
| Every person engaged in any employment, under any appointment or contract for hire, including aliens and minors. |
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Term
| Are there any "persons" excluded from the employee definition in the worker's compensation law? |
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Definition
| " Yes as defined, independent contractors, "casual" work (which is work that is to be completed in not over 10 days), commissioned real estate agents, certain musical and theatrical performers, certain trucking owner-operators, certain taxicab, limousine and passenger vehicle-for-hire drivers or volunteers. " is the correct response to: |
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Term
| How are corporate officers treated under the worker's compensation law? |
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Definition
| " An officer of a corporation is an employee if the officer performs services for the corporation for pay. When the officer is considered to be an employee, the worker's compensation law allows the officer the option to be exempt from worker's compensation coverage by filing a proper notice with the Division. A corporation in the construction industry may only exempt three or fewer officers and those officers must own a minimum of 10% of the corporation; other corporations may exempt officers without limitation. Once the Division approves an officer's exemption, that person is no longer counted as an employee when determining whether a firm must carry compensation. " is the correct response to: |
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Term
| How are sole proprietors and partners treated under the worker's compensation law? |
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Definition
| " A sole proprietor or partner is considered to be the employer, not an employee. Therefore they are not required to be included as an employee when determining whether a firm must carry worker's compensation. Florida statute provides sole proprietors or partners the opportunity to elect to be covered by filing the proper election form with the Division. " is the correct response to: |
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Term
| What are the construction industry exceptions? |
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Definition
| Florida statute specifically designates sole proprietors and partners in the construction industry as employees. They are therefore provided compensation benefit. Sole proprietors, or partners, may not exempt themselves from coverage. |
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Term
| Are there penalties to an employer who fails to carry worker's compensation benefits? |
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Definition
| " First, such failure is a second-degree misdemeanor. Second, if a complaint is filed with the division, the employer may be prevented from employing persons or conducting business until compliance is accomplished. Third, upon failure to show proof of insurance, the Division may fine the employer $1,000 plus $100 for each day of noncompliance. Further, when an employee has a compensable injury, and the employer has not secured worker's compensation benefits, the employee may elect to collect statutory benefits or bring a common law suit. If the latter is elected, the employer is prohibited from pleading defenses what he or she normally may have used in the lawsuit. " is the correct response to: |
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Term
| Define "injury" under the worker's compensation law? |
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Definition
| " Personal injury or death by "accident" "arising out of" work performed in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury. "Accident" means only an unexpected or unusual event or result, happening suddenly. " is the correct response to: |
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Term
| Are all injuries, regardless of cause, covered under the worker's compensation law? |
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Definition
| No. A covered injury is considered to be "arising out of" employment only if the work performed is the major contributing cause of the injury or death. |
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Term
| What circumstances could cause a refusal of coverage under the worker's compensation law? |
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Definition
| An employee is not entitled to compensation if the injury is caused by that employee's intoxication or wrongful use of drugs, or willful intention to injure or kill oneself or another. If it is found that an employee, at the time of injury, had .08% or more blood alcohol, there is a presumption that the injury was caused by alcohol. |
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Term
| How many categories of "benefits," and what are they, under the worker's compensation law? |
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Definition
| " There are three (3) benefits: Payment of medical expenses, compensation for disability, and Death. " is the correct response to: |
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Term
| Define medical expenses under the worker's compensation law? |
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Definition
| " The employer is to furnish any required medical treatment, care and attendance under a qualified physician or surgeon or other recognized practitioner, nurse or hospital, including medicines, crutches, artificial members and other apparatus. There is no dollar limitation upon this obligation. " is the correct response to: |
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Term
| What is a hospital indemnity insurance policy? |
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Definition
| Incapacity because of the injury to earn in the same or any other employment the wages that the employee was receiving at the time of the injury. Compensation for such "wage loss" is the difference between post-injury (if any) and pre-injury wages. |
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Term
| Is there a waiting period before disability benefits are paid under the worker's compensation law? |
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Definition
| Yes. None are paid for the first seven (7) days of a disability; if, however, the disability lasts more than twenty-one (21) days, benefits are payable from the first day of injury. |
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