| Insurance Carrier Liability and Workers' Compensation |
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| Compensation Third-Party Litigation)More... |
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| Personal Injury |
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| When determining workers' compensation coverage, most states condition benefits on the worker receiving a "personal injury" in the course of his employment. The remainder of states just use "injury." For workers' compensation purposes, a "personal injury" or "injury" includes not only harm to the person from a trauma, such as a cut from a sharp piece of equipment, but also occupational diseases. Further, a "personal injury" can be either a physical or mental condition.More... |
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| HIV/AIDS |
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| Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS), cripples the body's immune system so that it cannot defend itself against other infections and diseases. There is no cure for AIDS, though drugs have been produced that slow the progression of the virus from HIV into AIDS.More... |
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| Employee's Failure to Obey Safety Rules as Statutory Defense |
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| When an employee claims workers' compensation benefits are due to him based on an injury that occurred on the job, many states allow an employer to defend itself by presenting evidence that the employee wilfully disobeyed the employer's prescribed safety rules or purposefully neglected to use a safety device. Although in rare cases the defense represents a complete bar to the employee's recovery of benefits, usually the employee's recovery is just subject to a reduction.More... |
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| Casual Employment |
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| Many states apply an exemption to the workers' compensation system for "casual" employment, although the majority also requires that the employment not be within the employer's regular course of business. As to the majority's additional requirement, it is important to note that no matter how brief or irregular the employee's work may be, if it falls within the employer's regular course of business he will be covered by workers' compensation. In some states, the casual employee exemption has been specifically denied. More... |
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