Workers Compensation
| Insurance Carrier Conflict of Interest |
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| In the arena of workers' compensation and subrogation, the employee may be significantly impacted by the workers' compensation carrier's conflict of interest. The most negative impact would be found in those states denying the injured employee the right to maintain an action against the third party who actually caused his injury. Essentially, the carrier's principle conflict would arise when it is not only the employer's workers' compensation carrier but also the liability carrier for the third party. When this happens, the carrier's interest in paying as little as possible for the claim may be in competition with the employee's right to receive the best recovery possible. More... |
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| Social Security Disability Benefits Evaluation for Disabled Widows and Widowers and Surviving Divorced Spouses |
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| Social security disability is open to disabled widows and widowers as well as surviving divorced spouses of wage earners who died fully insured under the terms of the Social Security Act. Determining the eligibility of these individuals is a complex matter and requires the consideration of a multitude of factors. More... |
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| Overpayments of Social Security Disability Benefits |
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| An overpayment of social security disability benefits arises when the Social Security Administration has paid the recipient in excess of the amount that was actually due. The Commissioner of Social Security is authorized to collect the overpayment either by reducing the recipient's future payments, requiring the recipient or his estate to repay the excess amount, or by reducing the recipient's tax refund by the excess amount. More... |
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| Exclusiveness of Compensation Remedy |
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| One of the hallmarks of workers' compensation is its exclusivity as a remedy for the injured worker. With exception, when an employee suffers an injury in the course of his employment, his remedy will only be by way of the workers' compensation system. Workers' compensation, therefore, trumps all other remedies including those under common-law tort, statutes, and contracts. The exclusivity of workers' compensation, though challenged, has continually been found to be constitutional. More... |
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| Injury "By Accident" |
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| 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... |
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