| Time Requirements Related to Occupational Diseases |
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| With respect to occupational diseases, there are several applicable time restraints including the time between exposure and disability, minimum time periods for exposure, and minimum time periods for an employee's residency. These time requirements vary markedly by state. The limitations period for occupational disease claims also varies widely. Some states bar the receipt of death benefits unless the claim is brought within a specified time after exposure. The majority of states take the view that the limitations period does not begin to run until such time that the claimant had knowledge of his condition and its relationship to his employment. Still another viewpoint on the limitations period is that it begins to run when the employee has become disabled as a result of the disease and with reasonable diligence could discover that the condition is compensable. More... |
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| Degrees of Disability and Corresponding Benefits |
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| Temporary Disability More... |
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| Avoiding the Employment Relationship |
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| In order to avoid the effects of the workers' compensation system, some employers will deliberately categorize a person as an individual contractor instead of an employee. Some individuals may even categorize themselves as individual contractors, preferring to reject the compensation system. Whether this categorization is successful, however, turns not just on the name given to the employment relationship. Rather, each relationship is examined on its own facts and will be decided based on the conduct exhibited between the parties as well as the work contract entered into between them. More... |
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| Employee Misconduct |
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| Generally, workers' compensation is a no-fault system that provides an employee with benefits for work-related injuries and illnesses without reference to an employee's negligent or wilful misconduct. This is not so, however, when such misconduct occurs outside the course of his employment. Additionally, various jurisdictions have outlined certain instances where an employee's misconduct constitutes a defense to the award of workers' compensation benefits.
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| Course of Employment and the Personal Comfort Doctrine |
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| An employee injured in the course of employment is entitled to workers' compensation benefits. However, compensability may remain unaffected even if the injury occurred when the employee deviated from his specific job duties to engage in an activity that was purely personal in nature and solely for his own comfort. The personal comfort doctrine allows employees to slightly deviate from their job duties, within the usual time and space parameters of their employment, without losing workers' compensation protection. It is generally understood that employees should be able to tend to their physical needs, such as using the restroom, getting a drink of water, or even taking a break to smoke, during the course of their employment. More... |
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