| Retaliation and Workers' Compensation |
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| Employer RetaliationMore... |
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| Recreational and Social Activities |
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| Within the Course of Employment)More... |
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| Uninsured Contractor |
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| Some employers may seek to avoid workers' compensation liability by using contractors to perform work that would normally be performed by the employer's own employees. The reasoning is that employers are responsible only for the workers' compensation coverage of "employees." However, to preclude employers from evading liability by this method, most jurisdictions will impose liability here if the contractor itself is uninsured for workers' compensation. Thus, if an employer utilizes a contractor's employees to do that which the employer's own employees would normally do, and an employee of the contractor is injured, the employer will be responsible for worker's compensation despite the fact that the injured individual is not an "employee" of the employer. These state statutes basically deem the individual an "employee" to further the goals and purpose of workers' compensation. In order to determine whether the contractor is performing work that would normally be done by the employer's own employees, courts will look to the employer's past practices as well as the practices of other employers in the same industry or trade.More... |
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| Rescue or Emergency Activities of Employee |
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| When an employee acts to aid a person in an emergency situation, his actions are generally considered to be within the course of employment. When the employee's rescue efforts are in the employer's interest, there is a strong likelihood that compensation for an injury incurred in such efforts will be allowed. Additionally, if the nature of his employment places him in a position where human decency requires action, an employee may recover benefits.More... |
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| Ombudsman |
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| To aid disputing parties in resolving their workers' compensation controversy, some states utilize an ombudsman program. An ombudsman focuses on helping the injured worker navigate the procedural complexities of the workers' compensation system. By doing so, the ombudsman not only serves to aid the worker in recognizing his rights and gaining the benefits due to him, but also provides the worker with an enhanced knowledge of workers' compensation in relation to his injury to make thoughtful and considered choices regarding his claim. The ombudsman is not limited to only helping injured workers. He may also provide a supportive role to the employer. More... |
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