Workers Compensation
| Social Security Disability Appeals Process |
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| If an individual disagrees with the decision of the Social Security Administration, an appeal can be taken. In the appeals process, all parts of the decision will be re-examined, including those parts that are favorable to the appellant. A written request for an appeal is required and it must be done within a specified time period. The individual may have a representative aid them in the appeals process. The representative will act on behalf of the individual, but is prohibited from collecting a fee for this service without first gaining permission from the Social Security Administration. More... |
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| Knowledge of Injury Imputed to Employer |
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| When an employer has actual knowledge of an employee's injury and its possible connection to the employee's work, most courts will excuse the employee's failure to timely give notice of the injury. Sometimes, however, such knowledge will be imputed to the employer. If a person associated with the employer in a managerial or representative role received knowledge of the injury, that knowledge will be charged to the employer. For example, consider the supervisor who witnessed the accident that caused the employee's injury. The employer itself will then be deemed to be aware of the employee's injury. More... |
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| Procedure under the Black Lung Benefits Act |
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| To recover benefits under the Black Lung Benefits Act, a miner, his surviving spouse, or his surviving dependents must file a claim with the appropriate government office, usually a Social Security or Labor Department office. From the date that the miner has been made aware of the medical determination that he is totally disabled from pneumoconiosis, he has three years in which to file a claim for benefits. This time limit is subject to exception only for extraordinary circumstances. The miner's surviving spouse and dependents have no time limitations for filing their claims. More... |
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| Accidental Disease |
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| Like an injury, an employee's accidental illness is generally compensable if it is contracted in the course of employment. An "accidental" disease is one known as resulting from an unanticipated or unique exposure. To obtain workers' compensation for an infectious disease, the employee is usually required to show that contraction of the disease was unforeseen and that the exposure and the disease are causally linked through the employee's job. Many state statutes address diseases in relation to workers' compensation with some denying compensation outright for specified illnesses and others allowing compensation only for diseases contracted after an occupational injury. More... |
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| Assaults |
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| 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... |
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