Workers Compensation
| Fault of Employee |
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| A core principle within the area of workers' compensation is that the question of "fault" is largely irrelevant. It is only when the employee's "fault" in connection with the injury is occasioned by him leaving the course of employment or is a statutory defense in a jurisdiction will the inquiry come into play. The test for workers' compensation is generally not personal such that an employee's misconduct, whether negligent or intentional, will affect the receipt of benefits. Rather, the test is merely whether the injury arose out of and in the course of employment. More... |
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| Medical Benefits |
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| A key feature of the workers' compensation system is that it provides medical benefits for the injured worker. The medical benefits provided to eligible employees include those for medical services, medicine, and medical equipment or accouterments such as hearing aids and other medical devices. In addition to these benefits, the cost of travel in order to obtain the necessary medical care is reimbursable. In most jurisdictions, the receipt of such benefits is not limited to a specified time frame or capped at a specified amount. Although the employer is responsible for payment of the injured worker's medical and hospital benefits, it is the employee who generally chooses his medical provider. However, some states mandate that the employee choose from an authorized panel of providers or even that it is the employer's prerogative to choose a physician for the employee. More... |
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| Representation and the SSDI Process |
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| When a claimant seeks social security disability benefits, he may select an individual to represent him in that endeavor. The representative may act on the claimant's behalf at all levels of the administrative proceedings. However, accepting the representation responsibilities does not entitle the representative to a fee for his services absent approval by the Social Security Administration (SSA). More... |
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| Employer's Indemnification of Third Party |
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| Generally, workers' compensation is the exclusive way to hold an employer liable for an employee's injury. However, the "exclusiveness" principle will give way in the face of an express contractual provision that the employer will indemnify a third party for payments it is required to make to an injured employee. For example, consider the employer who leases heavy construction equipment from an equipment rental facility. The lease agreement may contain a clause providing that, if a worker of the employer is injured while operating the equipment, the employer will wholly indemnify the equipment rental facility for any damages the facility is called upon to pay to the worker. More... |
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| Refusal of Employment as Employer Defense |
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| Workers' compensation disability benefits are payable based on the nature of the employee's work-related injury or illness and the employee's corresponding lack of earning capacity. When an employee can return to work, his disability benefit payments will cease. In some instances, an employee's benefits are based on his inability to obtain work due to his condition. However, employers may counter that the fault lies with the employee, not his condition, because the employee has unreasonably refused to engage in suitable work. For example, an employer may prevail when an employee refuses a lighter work position offered by his employer. The employer carries the burden of demonstrating that the employee possesses the ability to perform the offered position. More... |
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