Workers Compensation
| Exclusiveness of Compensation Remedy |
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| One of the hallmarks of workers' compensation is its exclusivity as a remedy for the injured worker. With exception, when an employee suffers an injury in the course of his employment, his remedy will only be by way of the workers' compensation system. Workers' compensation, therefore, trumps all other remedies including those under common-law tort, statutes, and contracts. The exclusivity of workers' compensation, though challenged, has continually been found to be constitutional. More... |
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| Proper Party to a Third Party Action |
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| When an employer or its carrier (collectively "employer") pays workers' compensation for an employee's injury arising out of his employment but through the fault of a third party, the employer may step into the shoes of the employee as his "subrogee." When the action against the third party is completely subrogated to the employer, the only essential plaintiff to the action is the employer. This means, only the party who has been substituted for the employee is required to maintain the action against the third party and recover damages. The employee does not have to be a part of the action for it to remain viable. More... |
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| Compensation for longshore, harbor, and maritime workers |
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| The LHWCA provides medical benefits, compensation for lost wages, and rehabilitative services. Additionally, should an employee suffer a fatal injury, the LHWCA provides for survivor benefits and the payment of reasonable funeral expenses. Eligible survivors include not only spouses and children, but also siblings, parents, grandparents, and grandchildren. However, the existence of a widowed spouse and child would preclude the receipt of benefits by the other beneficiaries. More... |
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| Military Service and Social Security Benefits |
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| An individual serving in the military pays Social Security taxes just as civilian employees do. For 2004, when a person earns $ 3,600 they have earned one year of work credit toward qualification for social security benefits. The benefit amount that a person receives is tied to the amount of his earnings, which are averaged over his working lifetime. More... |
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| Drug and Alcohol Dependence |
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| SSI and SSDI benefits) More... |
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