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Chapter 25: Employment-Related Injuries
1. An employer commits the tort of negligence when the duty to provide reasonably safe working conditions for
employees is violated.
2. Under the common law, even if an employee proved that the employer’s negligence caused the injury, the
employee would not collect if the employer proved any one of the available common-law defenses.
3. The amount an employer must pay for workers' compensation insurance is somewhat related to the firm's
safety record.
4. An employee injured on the job cannot collect workers' compensation benefits if the employer is not the
cause of the injury.
5. The workers' compensation system was created as a substitute for negligence suits.
6. Hearings conducted by the Workers' Compensation Board or the Industrial Accident Commission determine
if benefits are due.
7. The basic policy behind OSHA legislation was to ensure equal treatment in the workplace.
8. The general duty clause of OSHA's empowering act requires that employers provide a place of employment
free from hazards that are likely to cause death or serious physical harm.
9. OSHA has the power to fine and/or shut down violators.
10. Under OSHA, employers are required to file periodic safety reports describing work-related injuries.
11. Which of the following is not related to injuries in the workplace?
A. negligence suits
B. OSHA safety standards
12. Which of the following defenses prevented recovery from an employer?
A. assumption of risk
B. contributory negligence
13. Which common-law defense states that the employee was aware of the danger and yet remained in the
dangerous situation?
C. co-worker's negligence
D. unpaid workers' compensation
14. An injured worker can recover from the employer for negligence
A. if the employer commits an intentional tort.
B. if the employer fails to provide required workers' compensation insurance.
15. Potential assistance provided by workers' compensation for an employee unable to return to the same job
because of an injury would be
A. medical expenses and a percentage of lost wages.
B. a possible lump-sum payment for pain and suffering.
C. job-associated risks
D. scope of employment
17. Workers' compensation coverage is not required if the employees are
A. casual workers.
B. independent contractors.
C. U.S. Supreme Court.
D. Workers' Compensation Board.
19. Under OSHA, employers are required to
A. file periodic safety reports describing work-related injuries.
B. notify the Department of Labor within eight hours of a fatal injury.
20. Minor violations of OSHA regulations are usually resolved by
A. bringing the workplace into compliance.
B. employer fines.
21. In order for Bert to win a workers' compensation award he must
A. prove the employer was at fault.
B. hire an attorney and pursue a civil lawsuit.
22. Which of the following is covered by workers' compensation?
A. cruise ship crew
B. housekeeper
23. Roger is a crew foreman with Payless Window Washing, Inc. On several occasions Roger informed Payless'
owner about the faulty scaffolding provided for one of his crews. Nothing was done. Finally, the scaffolding
locked up one day seriously injuring one of the workers. How would the common-law approach deal with this
situation?
C. Payless would pay for the injured employee's attorney.
D. both a and c.
24. Which of the following is a function of OSHA?
C. provide money for medical expenses
D. provide legal advice to injured employees
25. Pilar works as Keith's administrative assistant preparing invoices, shipping receipts, letters, and other
documents necessary for a furniture warehouse operation. However, she sustains back injuries at work one day
when she decides to operate a forklift in an attempt to obtain crated furniture for a customer. Which defenses
are available to Keith's company if Pilar files for workers' compensation.
A. The injury was not a risk of the job.
B. Pilar assumed the risk of the injury by operating a device she was not trained on.
26. The Department of ____________________ enforces the rules on workplace safety made by OSHA.
27. To comply with the ____________________ clause of its empowering act, OSHA requires that employers
provide a place of employment free from hazards that are likely to cause death or serious physical harm
28. If there is an injury on the job requiring hospitalization of three or more employees or resulting in a death,
the Department of Labor must be notified within ____________________.
29. While an employer may deny OSHA inspectors access to the workplace, inspectors can easily obtain a(n)
____________________ giving them authority to inspect.
30. ____________________ occurs when a person is aware of a danger that could cause injury, but voluntarily
remains in the dangerous situation.
31. ____________________ negligence means that the employee carelessly did something that helped cause
her or his injury or death.
32. ____________________ means that a co-worker is the cause of the injury.
33. Today, ____________________ statutes require most employers to obtain insurance to pay benefits to
injured employees.
34. ____________________ of employment generally means while acting for the benefit of the employer.
35. Because a(n) ____________________ is hired to accomplish a task without supervision while doing so, she
or he is not required to be covered by workers' compensation insurance.
36. Because ____________________ do not work regularly for one employer, they are not required to be
covered by workers' compensation insurance.
37. The workers’ compensation system was created as a substitute for ____________________ suits.
38. If an accident makes it impossible for a worker to continue in the former job, most states also pay for
____________________, which is training for another type of job.
39. Under most state workers' compensation systems, compensation for lost wages is typically about
____________________ percent of what the employee was making before the injury.
40. In some states, even when covered by workers’ compensation, an injured employee may sue the employer
for any____________________ actions that the employer knew would cause injury to the employee.
41. When Drew hit a pothole while driving a delivery truck, it caused the bay door to jar loose. When he
rounded the next turn, ten cases of soda pop spilled onto the highway. As he was sweeping up the mess on the
highway, another vehicle rounded the curve and, swerving to avoid the mess, forced Drew to jump upon the
bank breaking his ankle. Will this be covered under Drew's workers' compensation? Why or why not?
42. Explain why the workers' compensation system is regarded as a compromise between the interests of injured
employees and their employers.
Large recoveries, although infrequent under the common-law system that allowed the employers to avail
