| Claiming Compensation |
| |
| In most jurisdictions, an injured employee must make a claim for workers' compensation within a specified time. By imposing a time limitation on filing a claim, the states have attempted to protect employers from old or stale claims that would be difficult to adequately investigate and defend. An employee's failure to file his claim promptly will result in the claim be denied, even if it is shown that the employer was not actually prejudiced by the delay. As a general rule, it is presumed that the employer is prejudiced by an untimely claim due to the inherent difficulty in defending old claims.More... |
| |
| Horseplay |
| |
| Horseplay is not altogether uncommon in the workplace and basically consists of boisterous and playful roughhousing. When an injury arises in the workplace as a result of horseplay, the question of compensability comes into play. It is a relatively uniform principle throughout the states that if the injured party was not a participant in the horseplay, but only injured by the horseplay, compensation will not be denied. However, only some states will permit the recovery of workers' compensation benefits if the injured party instigated the horseplay or participated therein. Many jurisdictions outright deny compensation to instigating employees based on the principle of the employee as the "aggressor."More... |
| |
| Assaults |
| |
| A worker's injury that results from an assault is not compensable unless the assault arises out of his employment. The employment connection is satisfied if it is shown that the type of work or the setting in which it is performed increased the worker's risk of assault. For example, occupations that may carry a higher risk of assault due to their very nature are police officer, prison guard, and security guard, to name a few. Further, employees who work in a dangerous area of a city or who work at night may also be at an increased risk for assault.More... |
| |
| Res Judicata and Reopening of Social Security Decisions |
| |
| The hallmark of res judicata is finality. Essentially, once a court has entered a final judgment conclusively establishing the rights of the parties on the merits of the dispute, such decision is final and will bar subsequent actions based on the same claim or cause of action. This rule of civil procedure has been adapted and applied to administrative actions, including social security decisions.More... |
| |
| Workers' Compensation |
| |
| Workers' compensation is an employer-provided benefit that exists to aid an employee or his dependents in the event that the employee is injured or killed on the job. Workers' compensation is governed by each state's laws, but the general consensus is that eligibility for such benefits turns on whether the employee suffered an accidental injury that arose out of and in the course of his employment or an occupational disease.More... |
| |
