| Employer's Consent to Settlement |
| In some instances, an injured employee may desire to enter into a settlement of his claim against the third-party tortfeasor. However, it has been generally held that if the employee fails to gain the employer's consent to such settlement that the employee thereafter gives up any claim to future compensation from the employer. It has been held that an employee cannot circumvent the consent requirement by adding language into the settlement papers to the effect that neither the employer's nor the carrier's rights are to be affected.More... |
| Supplemental Security Income Redeterminations |
| Eligibility for Supplemental Security Income benefits turns on various criteria including that the individual have available only "limited" income and resources. Once the individual's eligibility is established, periodic redeterminations will be conducted to ensure that the individual still meets this eligibility criteria and is receiving the appropriate amount of benefits. Generally, a redetermination will take place for each individual every one to six years.More... |
| Notice of Injury |
| Generally, workers' compensation statutes contain a limitations period in which the injured employee must give notice of his injury. Under most circumstances, the notice is provided to the employer. The notice period itself is relatively small. Some statutes mandate that it be given as soon as possible while others provide for a fixed timeframe such as, for example, within a designated number of weeks or months following the injury. The required notice allows the employer to immediately provide the employee with medical care and allows for a more accurate and comprehensive investigation into the accident causing the employee's injury. If the employee does not give the mandated notice, his claim for benefits will be denied.More... |
| Earning Capacity |
| The extent to which an individual is "disabled" by workers' compensation standards requires an examination of the individual's earning capacity after the injury in relation to his earnings prior to being injured. Even if the individual realizes a reduction in his earnings after the injury, he must still prove a causal link between the earnings reduction and his injury. Failure to do so will result in a denial of benefits. If the individual achieves earnings after his injury is sustained, there is a presumption that he has an "earning capacity" in keeping with such earnings. However, the presumption can be rebutted by evidence that the individual, in fact, has no earning capacity or that the post-injury earnings he received are not an accurate, fair, or reasonable measure of the individual's earning capacity.More... |
| Assignment of Employee's Action Against Third Party |
| When an employee is injured in the course of his employment and thereby entitled to bring a cause of action against a third party, the right to pursue such action can be assigned to the employer or its workers' compensation carrier. The key to assignment in many jurisdictions is the actual payment of workers' compensation, while other states require a "claim" for compensation. Once the requisite criterion is satisfied, the employer is subrogated to all the rights of the employee. More... |
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