Workers Compensation
| Compensation for Black Lung Claims |
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| The Black Lung Benefits Act covers total disability claims of United States' miners suffering from pneumoconiosis (aka black lung disease), which was contracted due to their employment. Such miners are awarded monthly cash benefits as well as medical benefits. Payments to dependent survivors are also provided for in the Act and include the surviving spouse, children, and dependent parents and siblings. More... |
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| Black Lung Benefits Act - "Operators" and "Responsible Operators" |
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| Under the Black Lung Benefits Act) 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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| Assaults |
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| A worker's injury that results from an assault is not compensable unless the assault arises out of his employment. The employment connection is satisfied if it is shown that the type of work or the setting in which it is performed increased the worker's risk of assault. For example, occupations that may carry a higher risk of assault due to their very nature are police officer, prison guard, and security guard, to name a few. Further, employees who work in a dangerous area of a city or who work at night may also be at an increased risk for assault. More... |
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| Notice of Injury |
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| Generally, workers' compensation statutes contain a limitations period in which the injured employee must give notice of his injury. Under most circumstances, the notice is provided to the employer. The notice period itself is relatively small. Some statutes mandate that it be given as soon as possible while others provide for a fixed timeframe such as, for example, within a designated number of weeks or months following the injury. The required notice allows the employer to immediately provide the employee with medical care and allows for a more accurate and comprehensive investigation into the accident causing the employee's injury. If the employee does not give the mandated notice, his claim for benefits will be denied. More... |
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