| Distribution of Proceeds From Third Party Action |
|
| Once a third party action has concluded and a recovery achieved for an employee's injury, the matter of distribution arises. As a first priority, the general rule is that the party who paid the employee compensation (most likely the employer or its carrier) will be reimbursed in an amount equivalent to its compensation outlay. The employee will then be entitled to any excess funds that remain. Some states vary this by mandating that only a portion of the excess be turned over to the employee. More... |
|
|
| Injury "By Accident" |
|
| For the recovery of workers' compensation benefits, many jurisdictions require proof of injury "by accident." While some states define accidental injuries in their workers' compensation statutes, others do not leaving the courts to sort out the meaning intended. Generally, "by accident" signifies that an identifiable, yet unexpected, event caused the injury. Whether an injury has occurred "by accident" has been heavily litigated among the applicable states with the result being a developing definition of the phrase. For example, one court defined an "accident" as an unanticipated occurrence as opposed to one that was expected. Another court has defined "accident" as an unexpected and precipitous event that happens suddenly and produces an injury based on objective findings. More... |
|
|
| Social Security Benefits |
|
| Generally, all states provide a measure of rehabilitation for an injured worker though the expansiveness of such provision can vary greatly among them. Although rehabilitation is generally covered, the system for providing the injured worker with such services has been hampered by a lack of rehabilitative sources such as clinics and appropriate numbers of personnel to provide the necessary care. More... |
|
|
| Retaliation and Workers' Compensation |
|
| Employer Retaliation More... |
|
|
| Refusal of Employment as Employer Defense |
|
| Workers' compensation disability benefits are payable based on the nature of the employee's work-related injury or illness and the employee's corresponding lack of earning capacity. When an employee can return to work, his disability benefit payments will cease. In some instances, an employee's benefits are based on his inability to obtain work due to his condition. However, employers may counter that the fault lies with the employee, not his condition, because the employee has unreasonably refused to engage in suitable work. For example, an employer may prevail when an employee refuses a lighter work position offered by his employer. The employer carries the burden of demonstrating that the employee possesses the ability to perform the offered position. More... |
|
|