| Contract of Hire |
| For the workers' compensation obligation to be triggered, most state workers' compensation statutes require that the injured worker's employment be pursuant to a contract of hire. Such a contract, which can be either express or implied, is required because the workers' compensation system is based on reciprocal rights. The employee gains a measure of certainty in the recovery for his injury without resorting to litigation and the employer gains a cap on the amount that must be paid in the event an employee is injured. More... |
| Domestic Servant Exemption |
| Workers' compensation coverage for domestic servants is limited. Such limitation is generally based on the exclusion for part-time employees or the statutory exemption for employers with less than the requisite minimum number of employees. Many states specifically exclude domestic servants from workers' compensation coverage. Others omit to place domestic servants on the list of covered employments. However, almost half of the states provide at least a measure of coverage for those employed as domestic servants.More... |
| Attorneys' Fees and Costs in Third-Party Actions |
| When an injured employee initiates a third-party action based on the injury he received in the course of his employment, most states require the employer or its workers' compensation insurance carrier to pay part of the attorneys' fees incurred in bringing the action. They are to pay the fees out of their share of the recovery. Though the majority calls for the employee and employer to share the burden of attorneys' fees, there is still variation among the states as to who is obligated to pay the fees and in what amount.More... |
| Violation of Law or Commission of Crime |
| As a general rule, an employee is not necessarily withdrawn from workers' compensation eligibility if he is injured while violating a law or committing a crime in furtherance of his job duties. Most often, the violation of a law or commission of a crime will affect an employee's receipt of benefits if, in the applicable state, it constitutes "wilful misconduct" or is the subject of its very own statutory provision giving a defense to the employer. The violation of a statute does not ipso facto equal "wilful misconduct." Rather, flagrancy and knowledge on the part of the employee are generally required for an act to rise to the level of "wilful." 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... |
Workers Compensation Newsletter
