Workers Compensation
| Evidence in Workers' Compensation Administrative Proceedings |
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| 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... |
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| Asbestosis and Construction Workers |
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| Asbestos is a naturally occurring fiber that was used quite extensively in the insulation of buildings and for fireproofing. Asbestosis is a form of lung disease that results in scarring of the lung tissue by the inhalation of asbestos, which is made up of microscopic glass-like particles. Those individuals suffering from the disease are at an increased risk for lung cancer and mesothelioma. More... |
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| Assignment of Employee's Action Against Third Party |
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| When an employee is injured in the course of his employment and thereby entitled to bring a cause of action against a third party, the right to pursue such action can be assigned to the employer or its workers' compensation carrier. The key to assignment in many jurisdictions is the actual payment of workers' compensation, while other states require a "claim" for compensation. Once the requisite criterion is satisfied, the employer is subrogated to all the rights of the employee. More... |
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| Death Benefits |
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| The surviving dependents of a deceased worker may receive workers' compensation death benefits if the worker's death arose out of and in the course of his employment. Death benefits provide weekly compensation to the dependents. In most states, the amount of total dependency benefits received is based on a percentage of the worker's average weekly wage. For partial dependency benefits, the amount received is commonly calculated as a portion of the dependent's support that was received from the worker. In addition to weekly compensation, death benefits also include a payment for the worker's burial expenses. The amount allotted for these expenses is set by the Workers' Compensation Act of each state and varies widely between the jurisdictions. More... |
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| Recreational and Social Activities |
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| Within the Course of Employment) More... |
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