Newsletters
Obtaining Workers' Compensation Benefits
Obtaining Workers' Compensation Benefits
Notice of Injury
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.
Farm Labor Exemption
Several states exempt farm labor from operation of the state's workers' compensation statute. Though a farm employer may be exempt from compulsory workers' compensation participation, he is not precluded from voluntarily electing to do so. Once he does, the farmer is just like any other employer who can claim tort action protection pursuant to the workers' compensation exclusivity provision.
"Past Relevant Work" in Social Security Disability Evaluation
In determining an individual's entitlement to social security disability benefits, his ability to perform past relevant work will be examined. As part of the evaluation process, the individual's residual functional capacity (RFC) is determined. If the RFC assessment shows that the individual can either perform the actual duties of his past jobs or that he can perform the duties of his past occupations as generally required by employers throughout the United States, he will not be considered disabled.
Black Lung Benefits Act - "Operators" and "Responsible Operators"
Under the Black Lung Benefits Act)
