| Employer's Transportation of Employee |
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| When an employer transports the employee to and from his place of work, the journey is considered to be in the course of employment. Therefore, if the employee is injured during the journey, his injuries should be covered by workers' compensation. The reason that compensation is allowed in this circumstance is that the employer's control over the transportation concomitantly extends the employer's control over the employee. More... |
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| 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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| Claiming Compensation |
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| 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... |
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| Social Security Benefits |
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| The central question of whether a given state can apply its workers' compensation statute focuses on various factors including the place that the employment contract was entered into, the place of the employee's injury, and the employee's usual place of employment. For example, an employee who entered into an employment contract with a construction company in California, and who was subsequently injured on a construction site in Nevada, may be able to seek workers' compensation benefits in both California and Nevada. However, double recoveries are generally not permitted.More... |
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| Workers' Compensation & SSDI |
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| > CompensabilityMore... |
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