Free Workers Compensation Study Guide

Alaska Casualty exam — Workers Compensation.

The national Workers Compensation guide covers the basics: the exclusive-remedy bargain, Coverage A (statutory benefits) and Coverage B (employers liability), and premium built from payroll, class rates, and experience modification. Alaska's version lives in the Alaska Workers' Compensation Act, AS 23.30, administered by the Alaska Workers' Compensation Board and Division (AS 23.30.005). Alaska exam questions ask who must be covered, who is excluded, what the benefits pay, and the reporting deadlines.

The basic bargain in Alaska

  • Compensation is payable irrespective of fault (AS 23.30.045(b)).
  • The employer's liability is exclusive. It replaces all other liability of the employer and of any fellow employee for the injury (AS 23.30.055). Claims against other third parties, such as the maker of a defective machine, remain available.
  • Alaska is not a monopolistic state-fund state. An employer secures compensation by insuring with an authorized workers' compensation insurer or by being certified to self-insure (AS 23.30.075). A self-insurer must handle claims through in-state adjusting staff or licensed resident adjusters with settlement authority (AS 23.30.090).
  • Workers' compensation may be placed with a nonadmitted insurer only if the Director orders it as in the public's best interest (AS 21.34.030).

Uninsured employers

  • An employer that fails to insure faces a $10,000 fine and up to one year in jail, and responsible corporate officers are personally liable (AS 23.30.075(b)).
  • The Board can issue a stop order against an uninsured employer. Ignoring it brings a civil penalty of $1,000 a day (AS 23.30.080(d)).
  • The injured employee of an uninsured employer may claim compensation or sue the employer (AS 23.30.055). In that lawsuit, the employer may not defend on assumption of risk, fellow-servant negligence, or ordinary contributory negligence (AS 23.30.080(a)).
  • If a subcontractor fails to insure, the contractor becomes liable for the subcontractor's employees, and the project owner is liable if the contractor also fails (AS 23.30.045(a)).
  • The State and political subdivisions may not award a contract without proof of coverage.

Who is covered and who isn't

AS 23.30.230(a) lists persons not covered, including:

  • commercial fishermen
  • part-time babysitters
  • cleaning persons
  • harvest and transient help
  • transportation network (rideshare) drivers while logged on or giving a prearranged ride

Executive officers who own at least 10% of the corporation, and LLC members, are not employees unless the policy specifically includes them (AS 23.30.240).

Maritime workers are handled federally:

  • A longshore worker injured loading a ship at an Alaska dock falls under the federal Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902).
  • The master and crew of a vessel are excluded from that act; seamen look to the Jones Act and maritime law.

Benefits

Benefit Alaska rule
Temporary total disability 80% of spendable weekly wages, ending at medical stability (AS 23.30.185)
Permanent total disability 80% of spendable weekly wages. Loss of both hands, arms, feet, legs, or eyes (or any two) is presumed permanent total (AS 23.30.180)
Maximum weekly rate 120% of the statewide average weekly wage on the date of injury (AS 23.30.175)
Waiting period No compensation for the first 3 days unless disability lasts more than 28 days; medical benefits are not subject to it (AS 23.30.150)
Funeral expenses Up to $12,000 (AS 23.30.215)
First payment Due on the 14th day after the employer knows of the injury, then every 14 days (AS 23.30.155)

An injured worker chooses the attending physician and may change physicians once without the employer's written consent. A specialist referral doesn't count as a change (AS 23.30.095).

Deadlines

Who What Deadline
Employee Notice of injury to employer 15 days (AS 23.30.100)
Employer Report of injury to the Division 10 days after knowledge (AS 23.30.070)
Employer Evidence of new coverage after a policy ends 10 days (AS 23.30.085)
Employee Claim for disability compensation 2 years after knowing of the disability and its work connection, and no more than 4 years after injury (except occupational disease); death claims within 1 year (AS 23.30.105)

Policy provisions and the residual market

  • Notice to or knowledge of the insured employer counts as notice to the insurer (AS 23.30.030(3)).
  • Cancellation of a workers' compensation policy is not effective as to employees until 20 days after the Division receives written notice, unless replacement coverage starts sooner (AS 23.30.030(5)).
  • Employers that can't buy coverage voluntarily are covered through the workers' compensation assigned risk pool. Participation is mandatory for every insurer writing workers' compensation in Alaska (3 AAC 30.010, .030).
  • Knowingly misclassifying employees to evade premium is theft by deception (AS 23.30.250).
  • If a workers' compensation insurer becomes insolvent, the Alaska Insurance Guaranty Association pays covered workers' compensation claims in full, with no $500,000 cap (AS 21.80.060).

Common exam traps

  • Exclusive remedy protects the employer and fellow employees, not other third parties.
  • Commercial fishermen and rideshare drivers are outside the Act.
  • TTD is 80% of spendable weekly wages, not two-thirds of gross.
  • The 3-day waiting period is paid back only if disability lasts more than 28 days.
  • The employee gives notice in 15 days; the employer reports in 10 days.
  • An uninsured employer loses the common-law defenses.

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Practice questions are study aids generated for exam preparation and are not actual exam questions. Content is provided for educational purposes and is not legal advice. Verify current statutes, rules, and exam specifications with the Insurance Department and the exam administrator before relying on it.