QME Exam Questions and Answers
Already Passed
When was the first workers' compensation law introduced?
The inaugural workers' compensation statute was enacted in 1911, shortly after the
catastrophic Triangle Shirtwaist Company fire in New York, which claimed 146 lives.
What is meant by '...
QME Exam Questions and Answers
Already Passed
When was the first workers' compensation law introduced?
✔✔The inaugural workers' compensation statute was enacted in 1911, shortly after the
catastrophic Triangle Shirtwaist Company fire in New York, which claimed 146 lives.
What is meant by 'No Fault' in workers' compensation?
✔✔The 'No Fault' principle means that the employer is obligated to provide benefits for
workplace injuries regardless of who is at fault, as long as the injury occurred during
employment.
What does 'Exclusive Remedy' imply in workers' compensation?
✔✔Under 'Exclusive Remedy,' workers are barred from seeking additional compensation from
their employer beyond workers' compensation benefits, except if the employer lacks insurance
coverage.
What does 'Guaranteed Fixed Benefit' signify in workers' compensation?
✔✔'Guaranteed Fixed Benefit' refers to the predetermined benefits that employers must provide
under workers' compensation, which are usually lower than what might be awarded in a
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, negligence lawsuit. However, the workers' compensation process is generally quicker. Additional
claims can be made for severe misconduct by the employer or unlawful discrimination (Labor
Code § 132a and § 4553). Unlike private health insurance, there are no arbitrary limits on the
extent of coverage under workers' compensation.
Which types of injuries are not covered by workers' compensation?
✔✔Injuries that are intentionally self-inflicted are not eligible for coverage.
What happens if the injury is caused by serious misconduct on the part of the employer?
✔✔If an injury results from serious and deliberate misconduct by the employer, the worker’s
compensation is increased by 50%.
How is compensation adjusted if the injury is due to serious misconduct by the employee?
✔✔When an injury is due to serious and willful misconduct by the employee, the compensation
is halved, unless the injury resulted in death, a permanent disability of 70% or more, was caused
by the employer’s legal or safety violations, or if the employee was under 16 years old at the
time of the injury.
What changes were implemented by the reforms of 2003 and 2004?
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