Workers Compensation
| Attorneys' Fees and Costs in Third-Party Actions |
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| 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... |
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| Federal Employers' Liability Act |
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| The Federal Employers' Liability Act (FELA) is not a workers' compensation statute. Rather, it is an alternative avenue by which railroad workers who are injured on the job may be compensated. The FELA allows an injured railroad worker to pursue a negligence action against his employer for lost wages, medical costs, pain and suffering, and permanent and partial disability. Should the injury result in the railroad worker's death, the FELA also authorizes an action by the worker's surviving dependents. The damages recoverable by a dependent include those for pain and suffering, funeral expenses, and that part of the worker's earnings that were actually used to support the dependent. Notably, though, the employee's contributory negligence will diminish any recovery. More... |
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| Accidental Disease |
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| Like an injury, an employee's accidental illness is generally compensable if it is contracted in the course of employment. An "accidental" disease is one known as resulting from an unanticipated or unique exposure. To obtain workers' compensation for an infectious disease, the employee is usually required to show that contraction of the disease was unforeseen and that the exposure and the disease are causally linked through the employee's job. Many state statutes address diseases in relation to workers' compensation with some denying compensation outright for specified illnesses and others allowing compensation only for diseases contracted after an occupational injury. More... |
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| Consultative Examinations, Generally |
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| Consultative examinations (CE) of a social security claimant are used by the Social Security Administration (SSA) when the claimant's medical evidence is insufficient to determine the claimant's disability, or lack thereof. Although the claimant's treating physician is the preferred source of medical evidence, there are instances where a medical examination from an independent source is necessary. These include situations where the treating physician is unwilling to perform the examination, there are inconsistencies in the claimant's file that cannot be resolved by consulting with the treating physician, the claimant himself prefers an examination by a source other than his treating physician with good reason, or prior experience in dealing with the treating physician indicates that he may be unable to effectively provide the necessary service. More... |
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| Procedure under the Black Lung Benefits Act |
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| To recover benefits under the Black Lung Benefits Act, a miner, his surviving spouse, or his surviving dependents must file a claim with the appropriate government office, usually a Social Security or Labor Department office. From the date that the miner has been made aware of the medical determination that he is totally disabled from pneumoconiosis, he has three years in which to file a claim for benefits. This time limit is subject to exception only for extraordinary circumstances. The miner's surviving spouse and dependents have no time limitations for filing their claims. More... |
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