Workers Compensation
| Becoming "Insured" for Social Security Disability Insurance Benefits |
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| An individual becomes "insured" and thereby eligible for Social Security Disability Insurance (SSDI) benefits by earning Social Security credits and paying Social Security taxes, which are deducted from the individuals' paycheck. The credits are allocated to individuals based on the amount of their earnings. For each $ 900 earned in 2004, the individual is given one credit. A maximum of four credits can be earned for the year. The earnings-to-credit ratio is adjusted each year to take into account earnings increases. Once earned, an individual's credits are forever attributed to them even if they have periods of unemployment or change jobs. More... |
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| Benefits under the Longshore and Harbor Workers' Compensation Act |
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| Under the Longshore and Harbor Workers' Compensation Act, an employee who has sustained a work-related injury may recover medical benefits for all medical, surgical and hospital treatment and other services required by the injury. In addition, the employee may recover the cost of travel and mileage in connection with such treatment. Generally, the employee may obtain medical treatment from the physician of his or her choice. However, the employee may not choose a physician who is not authorized by the Department of Labor to render medical care under the Act. More... |
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| Types of workers compensation laws |
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| Applicability of the LHWCA requires that the situs and status tests be met, i.e. the injury must have occurred on United States navigable waters or adjoining area by a maritime worker as specified in the LHWCA. It appears that the LHWCA was conceived to fill a gap in workers' compensation coverage by providing benefits to those employees who were not injured on land, which would then be covered under the applicable state's Workers' Compensation Act. However, the expansion of the interpretation as to what is the "adjoining area" of navigable waters has allowed for conflicts of law questions to arise for maritime workers. Caselaw suggests that when the LHWCA does not clearly apply under the status and situs tests, each case will be examined on its own facts to determine the source of the injured employee's benefits. Notably, Louisiana denies state workers' compensation benefits to an employee who is covered by the LHWCA. More... |
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| Public Employment |
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| All states provide some measure of workers' compensation coverage for those individuals employed in the public sector. Most states provide protection generally for all public employees. Others, however, identify specifically those public occupations for which coverage is extended. There are several key occupations for which coverage is often extended. These include sheriffs and police officers, firefighters, teachers, and National Guard personnel. More... |
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| Loss of Hearing as an Occupational Disease |
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| Occupational hearing loss is a prevalent condition in workers employed in noisy environments such as factories and repair shops. Several states recognize the gradual loss of hearing as a compensable condition and such recognition has also taken place under the Longshore and Harbor Workers' Compensation Act. Generally, a six-month waiting period is required prior to the filing of a hearing loss claim and the employee must be removed from the noisy environment for that time frame. The degree of impairment is generally based on speech frequencies with points ranging between total deafness and no compensable deafness. The improvement in hearing with the use of a hearing aid is not accounted for. More... |
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