| Time Requirements Related to Occupational Diseases |
| With respect to occupational diseases, there are several applicable time restraints including the time between exposure and disability, minimum time periods for exposure, and minimum time periods for an employee's residency. These time requirements vary markedly by state. The limitations period for occupational disease claims also varies widely. Some states bar the receipt of death benefits unless the claim is brought within a specified time after exposure. The majority of states take the view that the limitations period does not begin to run until such time that the claimant had knowledge of his condition and its relationship to his employment. Still another viewpoint on the limitations period is that it begins to run when the employee has become disabled as a result of the disease and with reasonable diligence could discover that the condition is compensable.More... |
| Waiver of Limitations Period for Notice of Injury and Claim |
| As a general rule, if an injured employee fails to either provide timely notice of his injury or file a timely claim for workers' compensation, he will be denied benefits. However, in some instances, the employer or its insurance carrier may waive the limitations periods. For example, if an employer has actual knowledge of the employee's accident and resulting injury, the employer may be said to have waived formal notice of the injury. Likewise, if the employer voluntarily makes compensation payments to the employer, he may be deemed to have waived the requirement that the employee file a claim.More... |
| Employer's Transportation of Employee |
| When an employer transports the employee to and from his place of work, the journey is considered to be in the course of employment. Therefore, if the employee is injured during the journey, his injuries should be covered by workers' compensation. The reason that compensation is allowed in this circumstance is that the employer's control over the transportation concomitantly extends the employer's control over the employee. More... |
| Uninsured Motorist Insurance, No-Fault Insurance |
| and Workers' Compensation)More... |
| Corporate Executives and Partners |
| Depending upon an individual's position within a company, he may or may not be covered by workers' compensation. Generally, it is "employees" who may claim workers' compensation benefits. Officers, such as a chief operating officer, president, corporate secretary, or chief financial officer, are usually covered just like regular employees. However, if such an officer gains a controlling ownership interest in the corporation, workers' compensation coverage may be lost. This is because the corporation has essentially become the alter ego of the officer and vice-versa. If workers' compensation coverage was still to be extended to the officer in such a situation, it would be like calling the officer both the employer and the employee. For coverage to be affected, some states require that the officer serve on the corporation's board of directors in addition to owning shares in the corporation.More... |
John G. Achille
Workers Compensation - Personal Injury - Social Security & Divorce - Free Consultation
