| Employee's Failure to Obey Safety Rules as Statutory Defense |
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| 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... |
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| Consequences of Injury in Course of Employment |
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| When an employee is injured in the course of his employment, the natural and resulting consequences from such injury are compensable as also arising in the course of employment. The compensable consequences of the injury can encompass a negative progression or complication of the injury or a completely new injury resulting from the initial one. However, for the initial injury to be considered the root of the resulting condition, there can be no independent intervening cause occasioned by the employee's own intentional conduct.More... |
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| Waiver of Limitations Period for Notice of Injury and Claim |
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| 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... |
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| Evidence in Workers' Compensation Administrative Proceedings |
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| Workers' compensation administrative proceedings are considered less formal than their judicial counterparts, due in large part to the treatment of evidence. Though the procedural aspects are more relaxed than in a judicial proceeding, the parties are entitled to the strict observation of procedural due process. More... |
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| Occupational Disease |
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| Workers' Compensation CoverageMore... |
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