Workers Compensation
| What is a Social Security "Disability?" |
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| A "disability," as far as the receipt of social security benefits is concerned, is not defined the same as for other programs. Social security disability benefits are only paid for total disability; the complete inability to work is the benchmark. At its essence, a person is disabled under the Social Security Act if he is unable to engage in any substantial gainful activity due to a medically determinable physical or mental impairment that has lasted or is expected to last for twelve months or that results or is expected to result in death. A disability can result from either a physical or mental impairment, or a combination of impairments. More... |
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| Resident Employees Who Are Not On-Call |
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| The general rule is that employees who reside on the employer's premises are protected by workers' compensation coverage if they are required to reside on the premises and are on-call twenty-four hours per day or the injury resulted from a risk associated with the employee's living conditions given the requisite living arrangement. When the employee is not on-call and has specified work hours, though he is required to live on the employer's premises, gaining workers' compensation benefits for an injury off the employer's premises is somewhat difficult. When the resident employee is injured outside his work hours and off the employer's premises, he must show a strong causal link between the injury and his employment. This causation requirement is magnified and must be found more compelling than the showing required for on-call employees. More... |
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| Self-employment |
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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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| Payment for Representation of a Social Security Claimant |
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| A social security claimant may choose to be represented by a third party in his dealings with the Social Security Administration (SSA). If the third party accepts the role of "representative" on behalf of the claimant, he is prohibited from charging the claimant a fee without prior authorization from the SSA. This holds true even if the claim is denied. To obtain approval from the SSA, the representative must use either of two fee authorization processes. More... |
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| Anthrax |
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| Anthrax is an infectious disease caused by the inhalation of, ingestion of, or skin exposure to a spore-forming bacteria. Though it is most often spread through contact with animals or animal products, anthrax is most widely known for its use as an agent of biological warfare. More... |
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