| Attorneys' Fees and Costs in Third-Party Actions |
|
| 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... |
|
|
| Workplace Safety |
|
| Regulation of Workplace Safety More... |
|
|
| Evidence in Workers' Compensation Administrative Proceedings |
|
| Workers' compensation administrative proceedings are considered less formal than their judicial counterparts, due in large part to the treatment of evidence. Though the procedural aspects are more relaxed than in a judicial proceeding, the parties are entitled to the strict observation of procedural due process. More... |
|
|
| Social Security Benefits |
|
| Though most states require that the injured worker be subject to a contract for hire to receive workers' compensation benefits, such benefits will usually be denied if the contract for hire is illegal. However, the illegality must arise from the nature of the employment and the worker's performance of illegal acts as opposed to the illegality that arises in the making of the contract itself. More... |
|
|
| Black Lung Benefits Act - Defining "Totally Disabled Due to Pneumoconiosis" |
|
| The Black Lung Benefits Act does not provide benefits for a partial disability. Rather, in order to recover under the Act, a miner must be totally disabled as a result of pneumoconiosis. The miner bears the burden of proof to demonstrate that he is "totally disabled due to pneumoconiosis," although this responsibility is somewhat tempered by certain presumptions. More... |
|
|