Kentucky Adjuster License Practice Exam

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What does the "fellow servant" rule state regarding employer liability?

An employer is liable if an employee is injured

An employer is not liable if injuries are caused by a fellow employee's negligence

The "fellow servant" rule establishes that an employer is not liable for injuries sustained by an employee if those injuries result from the negligence of another employee. This legal doctrine originated in the 19th century and was designed to protect employers from lawsuits related to employee injuries that occur due to the actions of their coworkers, rather than as a direct result of the employer's own negligence or failure to provide a safe working environment.

Under this rule, the rationale is that when employees work together, they inherently assume a certain level of risk related to their coworkers' actions. As a result, the employer cannot be held financially responsible for those risks. This principle highlights the importance of individual responsibility among employees while also recognizing the limited liability of employers in such workplace scenarios.

The other options focus either on the employer's liability in cases of employee injury broadly or suggest that employees can sue for any workplace injuries, which would not hold true under the fellow servant rule. Consequently, understanding this rule is essential for comprehending employer liability and the implications for workplace injury claims.

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Employees can sue employers for workplace injuries

Employers must pay for all employee injuries regardless of the cause

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