| Public Employment |
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| All states provide some measure of workers' compensation coverage for those individuals employed in the public sector. Most states provide protection generally for all public employees. Others, however, identify specifically those public occupations for which coverage is extended. There are several key occupations for which coverage is often extended. These include sheriffs and police officers, firefighters, teachers, and National Guard personnel.More... |
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| Compensation for Black Lung Claims |
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| The Black Lung Benefits Act covers total disability claims of United States' miners suffering from pneumoconiosis (aka black lung disease), which was contracted due to their employment. Such miners are awarded monthly cash benefits as well as medical benefits. Payments to dependent survivors are also provided for in the Act and include the surviving spouse, children, and dependent parents and siblings.More... |
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| Military Service and Social Security Benefits |
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| An individual serving in the military pays Social Security taxes just as civilian employees do. For 2004, when a person earns $ 3,600 they have earned one year of work credit toward qualification for social security benefits. The benefit amount that a person receives is tied to the amount of his earnings, which are averaged over his working lifetime. More... |
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| Segregation of Damages in Third-Party Action |
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| In some instances, the recovery resulting from a third-party action will be divided by different items making up the total recovery. For instance, a portion of the recovery could be allocated for the medical expenses paid by the employer, for the employee's pain and suffering, for the loss of consortium, and for punitive damages. When the recovery has been so segregated, the next issue is whether the claim of the employer or its workers' compensation carrier (as the subrogees) can attach to the whole recovery amount or only that portion attributable to the compensation paid. More... |
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| Attorneys' Fees and Costs in Third-Party Actions |
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| 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... |
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