| Retaliation and Workers' Compensation |
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| Employer Retaliation More... |
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| Effect of Incarceration on Social Security Benefits |
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| An individual who resides in a penal institution such as a jail or prison for a full calendar month can no longer receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits. Individuals who are incarcerated must notify the Social Security Administration (SSA) of their changed status with respect to the incarceration. Payments that are received in the face of a jail term lasting longer than a month will be considered overpayments and must be repaid. Though a prisoner's social security benefits are suspended while he remains incarcerated, the payment of benefits to his eligible family members will be unaffected. With respect to SSDI benefits, individuals who are in jail awaiting trial will continue to receive their benefits until such time that they are convicted. More... |
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| Refusal of Employment as Employer Defense |
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| 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... |
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| Waiver of Limitations Period for Notice of Injury and Claim |
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| As a general rule, if an injured employee fails to either provide timely notice of his injury or file a timely claim for workers' compensation, he will be denied benefits. However, in some instances, the employer or its insurance carrier may waive the limitations periods. For example, if an employer has actual knowledge of the employee's accident and resulting injury, the employer may be said to have waived formal notice of the injury. Likewise, if the employer voluntarily makes compensation payments to the employer, he may be deemed to have waived the requirement that the employee file a claim. More... |
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| Longshore and Harbor Workers' Compensation Act |
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| The Longshore and Harbor Workers' Compensation Act is a federal law that provides medical, disability, and death benefits for longshoremen, harbor workers, and other marine employees who are injured or killed in the course of their employment. The Act is administered by the Office of Workers' Compensation Programs of the Employment Standards Administration of the United States Department of Labor. More... |
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