| Workers' Compensation Exemption re Number of Employees |
| |
| In some states, an employer is exempt from maintaining workers' compensation insurance if it regularly employs only a certain number of employees. For example, with certain exceptions, employers in Alabama, Arkansas, Georgia, Virginia, New Mexico, and North Carolina are exempt if they have less than three employees. Employers in Rhode Island and South Carolina are exempt if employing less than four employees while employers in Mississippi, Missouri, and Tennessee are exempt if employing less than five employees. If the employee is injured and the state has altered its exemption statute, the operative version of the statute on the date of the employee's injury will control. More... |
| |
| Degrees of Disability and Corresponding Benefits |
| |
| Temporary DisabilityMore... |
| |
| 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... |
| |
| Black Lung Benefits Act - "Operators" and "Responsible Operators" |
| |
| Under the Black Lung Benefits Act)More... |
| |
| Fault of Employee |
| |
| 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... |
| |
