| Second Injury Funds |
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| Oftentimes, an employee may be suffering from an injury or disability and then be subsequently injured while working for the employer. Generally, the states have addressed this issue by creating a second injury fund. For the most part, the employer is only responsible for the workers' compensation benefits attributable to the injury incurred while the employee was working for the employer. The second injury fund would pick up where the employer left off by paying the difference between what the employer pays and what the employee is entitled for the total effect of all of his injuries.More... |
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| Insurance Carrier Conflict of Interest |
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| In the arena of workers' compensation and subrogation, the employee may be significantly impacted by the workers' compensation carrier's conflict of interest. The most negative impact would be found in those states denying the injured employee the right to maintain an action against the third party who actually caused his injury. Essentially, the carrier's principle conflict would arise when it is not only the employer's workers' compensation carrier but also the liability carrier for the third party. When this happens, the carrier's interest in paying as little as possible for the claim may be in competition with the employee's right to receive the best recovery possible.More... |
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| Energy Employees Occupational Illness Compensation Program Act |
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| The Energy Employees Occupational Illness Compensation Program Act of 2000 provides compensation and the payment of medical expenses for employees, former employees, or survivors of deceased employees of the Department of Energy (DOE). The Act was created in recognition of the fact that there was a lack of uniformity in providing adequate compensation for the occupational illnesses noted below among state workers' compensation programs. The amount of compensation and eligibility for benefits turns on the status of the individual's work and the nature of the illness.More... |
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| Injury While in the Course of Employment |
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| Workers' Compensation EligibilityMore... |
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| Workers' Compensation and Third Party Actions |
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| Avoiding a Double Recovery)More... |
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