| 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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| Longshore and Harbor Workers' Compensation Act |
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| The Longshore and Harbor Workers' Compensation Act is a federal law that provides medical, disability, and death benefits for longshoremen, harbor workers, and other marine employees who are injured or killed in the course of their employment. The Act is administered by the Office of Workers' Compensation Programs of the Employment Standards Administration of the United States Department of Labor.More... |
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| Proper Party to a Third Party Action |
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| When an employer or its carrier (collectively "employer") pays workers' compensation for an employee's injury arising out of his employment but through the fault of a third party, the employer may step into the shoes of the employee as his "subrogee." When the action against the third party is completely subrogated to the employer, the only essential plaintiff to the action is the employer. This means, only the party who has been substituted for the employee is required to maintain the action against the third party and recover damages. The employee does not have to be a part of the action for it to remain viable.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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| Off-Premises Injuries While Traveling to and From Work |
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| Normally, if an employee is injured while traveling to or from work, such injury is not compensable unless the injury occurred on the employer's premises. However, when the travel itself is a major component of the services provided by the employee, the fact that the injury occurred off the employer's premises will not preclude compensation. More... |
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