| Employer's Indemnification of Third Party |
| 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... |
| Uninsured Motorist Insurance, No-Fault Insurance |
| and Workers' Compensation)More... |
| Claiming Compensation |
| In most jurisdictions, an injured employee must make a claim for workers' compensation within a specified time. By imposing a time limitation on filing a claim, the states have attempted to protect employers from old or stale claims that would be difficult to adequately investigate and defend. An employee's failure to file his claim promptly will result in the claim be denied, even if it is shown that the employer was not actually prejudiced by the delay. As a general rule, it is presumed that the employer is prejudiced by an untimely claim due to the inherent difficulty in defending old claims.More... |
| Workplace Safety |
| Regulation of Workplace SafetyMore... |
| Social Security Benefits |
| Though most states require that the injured worker be subject to a contract for hire to receive workers' compensation benefits, such benefits will usually be denied if the contract for hire is illegal. However, the illegality must arise from the nature of the employment and the worker's performance of illegal acts as opposed to the illegality that arises in the making of the contract itself. More... |
 |
|
|
