Employer Defenses

Description: Employer Defenses Quiz
Number of Questions: 15
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Tags: workers' compensation law employer defenses
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Which of the following is not a common employer defense in a workers' compensation case?

  1. The employee was not acting within the scope of their employment.

  2. The employee's injury was caused by their own negligence.

  3. The employee was intoxicated at the time of the injury.

  4. The employer did not have knowledge of the hazardous condition that caused the injury.


Correct Option: D
Explanation:

The employer is not required to have knowledge of the hazardous condition that caused the injury in order to assert the defense that the employee was not acting within the scope of their employment.

What is the most common employer defense in a workers' compensation case?

  1. The employee was not acting within the scope of their employment.

  2. The employee's injury was caused by their own negligence.

  3. The employee was intoxicated at the time of the injury.

  4. The employer did not have knowledge of the hazardous condition that caused the injury.


Correct Option: A
Explanation:

The most common employer defense in a workers' compensation case is that the employee was not acting within the scope of their employment.

What does the term "scope of employment" mean in the context of workers' compensation?

  1. The activities that the employee is hired to perform.

  2. The activities that the employee is authorized to perform.

  3. The activities that the employee is required to perform.

  4. All of the above.


Correct Option: D
Explanation:

The term "scope of employment" in the context of workers' compensation includes all of the activities that the employee is hired to perform, authorized to perform, and required to perform.

What is the intoxication defense in a workers' compensation case?

  1. The employer is not liable for injuries caused by an employee who was intoxicated at the time of the injury.

  2. The employer is liable for injuries caused by an employee who was intoxicated at the time of the injury, but the amount of compensation is reduced.

  3. The employer is liable for injuries caused by an employee who was intoxicated at the time of the injury, regardless of the amount of compensation.

  4. None of the above.


Correct Option: A
Explanation:

The intoxication defense in a workers' compensation case is that the employer is not liable for injuries caused by an employee who was intoxicated at the time of the injury.

What is the assumption of risk defense in a workers' compensation case?

  1. The employee assumed the risk of injury by choosing to work in a dangerous job.

  2. The employer assumed the risk of injury by failing to provide a safe workplace.

  3. The employee assumed the risk of injury by failing to use safety equipment.

  4. None of the above.


Correct Option: A
Explanation:

The assumption of risk defense in a workers' compensation case is that the employee assumed the risk of injury by choosing to work in a dangerous job.

What is the fellow-servant rule?

  1. An employer is not liable for injuries caused by one employee to another employee.

  2. An employer is liable for injuries caused by one employee to another employee, but the amount of compensation is reduced.

  3. An employer is liable for injuries caused by one employee to another employee, regardless of the amount of compensation.

  4. None of the above.


Correct Option: A
Explanation:

The fellow-servant rule is that an employer is not liable for injuries caused by one employee to another employee.

What is the exclusive remedy rule?

  1. The employee's sole remedy for a work-related injury is workers' compensation.

  2. The employee can choose to file a workers' compensation claim or a personal injury lawsuit.

  3. The employee can choose to file a workers' compensation claim and a personal injury lawsuit, but the amount of compensation is reduced.

  4. None of the above.


Correct Option: A
Explanation:

The exclusive remedy rule is that the employee's sole remedy for a work-related injury is workers' compensation.

What is the statute of limitations for filing a workers' compensation claim?

  1. One year from the date of the injury.

  2. Two years from the date of the injury.

  3. Three years from the date of the injury.

  4. Four years from the date of the injury.


Correct Option: A
Explanation:

The statute of limitations for filing a workers' compensation claim is one year from the date of the injury.

What is the burden of proof in a workers' compensation case?

  1. The employee must prove that they suffered a work-related injury.

  2. The employer must prove that the employee did not suffer a work-related injury.

  3. The employee must prove that the employer was negligent.

  4. The employer must prove that the employee was not negligent.


Correct Option: A
Explanation:

The burden of proof in a workers' compensation case is on the employee to prove that they suffered a work-related injury.

What is the standard of proof in a workers' compensation case?

  1. Preponderance of the evidence.

  2. Clear and convincing evidence.

  3. Beyond a reasonable doubt.

  4. None of the above.


Correct Option: A
Explanation:

The standard of proof in a workers' compensation case is preponderance of the evidence.

What is the role of the workers' compensation judge?

  1. To decide whether the employee is entitled to benefits.

  2. To determine the amount of benefits the employee is entitled to.

  3. To resolve disputes between the employee and the employer.

  4. All of the above.


Correct Option: D
Explanation:

The role of the workers' compensation judge is to decide whether the employee is entitled to benefits, to determine the amount of benefits the employee is entitled to, and to resolve disputes between the employee and the employer.

What is the role of the workers' compensation insurance company?

  1. To pay benefits to the employee.

  2. To defend the employer in a workers' compensation case.

  3. To investigate claims for benefits.

  4. All of the above.


Correct Option: D
Explanation:

The role of the workers' compensation insurance company is to pay benefits to the employee, to defend the employer in a workers' compensation case, and to investigate claims for benefits.

What is the role of the employee's attorney in a workers' compensation case?

  1. To represent the employee in a workers' compensation case.

  2. To negotiate a settlement with the employer or the workers' compensation insurance company.

  3. To represent the employee at a workers' compensation hearing.

  4. All of the above.


Correct Option: D
Explanation:

The role of the employee's attorney in a workers' compensation case is to represent the employee in a workers' compensation case, to negotiate a settlement with the employer or the workers' compensation insurance company, and to represent the employee at a workers' compensation hearing.

What is the role of the employer's attorney in a workers' compensation case?

  1. To represent the employer in a workers' compensation case.

  2. To defend the employer against a workers' compensation claim.

  3. To negotiate a settlement with the employee or the workers' compensation insurance company.

  4. All of the above.


Correct Option: D
Explanation:

The role of the employer's attorney in a workers' compensation case is to represent the employer in a workers' compensation case, to defend the employer against a workers' compensation claim, and to negotiate a settlement with the employee or the workers' compensation insurance company.

What is the goal of the workers' compensation system?

  1. To provide benefits to injured workers.

  2. To reduce the cost of workers' compensation insurance.

  3. To promote workplace safety.

  4. All of the above.


Correct Option: D
Explanation:

The goal of the workers' compensation system is to provide benefits to injured workers, to reduce the cost of workers' compensation insurance, and to promote workplace safety.

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