The Law Office of Thomas P. DeBerry
Workers Compensation Newsletter
Off-Premises Injuries While Traveling to and From Work
 
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...
 
"Benefits" Under the Black Lung Benefits Act
 
Once eligibility under the Black Lung Benefits Act has been established, a totally disabled miner will receive benefit payments equal to a portion of the monthly pay rate for federal employees. Should the miner succumb to the pneumoconiosis disease, his surviving widow will be entitled to the same monthly benefit payment. If the miner has no surviving widow, his single surviving child will also receive the same monthly benefit amount. The benefit amount increases incrementally with each subsequent surviving child. Finally, if there is no surviving widow and no surviving children, the miner's dependent parents or siblings will receive a monthly benefit amount at the children's rate. The receipt of payments pursuant to workers' compensation or unemployment insurance may reduce these beneficiary amounts.More...
 
Employee's Failure to Obey Safety Rules as Statutory Defense
 
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...
 
Insurance Carrier Liability and Workers' Compensation
 
Compensation Third-Party Litigation)More...
 
What is Social Security Disability Insurance?
 
The Social Security Disability Insurance (SSDI) program was created through the Social Security Act of 1935 to partially replace an individual's lost earnings due to a physical or mental impairment that prevents the individual from working. A qualified disabled worker's condition is one that leaves the individual unable to engage in any substantial gainful activity by reason of a medically determinable impairment that has lasted or is expected to last at least twelve months, or to end in death.More...
 
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