| Work Incentives for Supplemental Security Income Beneficiaries |
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| The Social Security Administration's work incentives program was instituted to help disabled individuals take advantage of employment opportunities and thereby gain a measure of independence. Special rules were designed to reduce the risk that a disabled or blind Supplemental Security Income (SSI) beneficiary who chose to work would lose their SSI or Medicaid benefits. More... |
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| Proper Party to a Third Party Action |
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| When an employer or its carrier (collectively "employer") pays workers' compensation for an employee's injury arising out of his employment but through the fault of a third party, the employer may step into the shoes of the employee as his "subrogee." When the action against the third party is completely subrogated to the employer, the only essential plaintiff to the action is the employer. This means, only the party who has been substituted for the employee is required to maintain the action against the third party and recover damages. The employee does not have to be a part of the action for it to remain viable. More... |
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| Immunity From Third Party Actions |
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| When a worker is injured during the course of his employment, he may sometimes seek a common law recovery from the third party whose action or inaction caused the injury. Depending upon the jurisdiction, immunity from such a third party action may be extended to the employer or co-employees. More... |
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| Corporate Executives and Partners |
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| Depending upon an individual's position within a company, he may or may not be covered by workers' compensation. Generally, it is "employees" who may claim workers' compensation benefits. Officers, such as a chief operating officer, president, corporate secretary, or chief financial officer, are usually covered just like regular employees. However, if such an officer gains a controlling ownership interest in the corporation, workers' compensation coverage may be lost. This is because the corporation has essentially become the alter ego of the officer and vice-versa. If workers' compensation coverage was still to be extended to the officer in such a situation, it would be like calling the officer both the employer and the employee. For coverage to be affected, some states require that the officer serve on the corporation's board of directors in addition to owning shares in the corporation. More... |
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| Ombudsman |
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| To aid disputing parties in resolving their workers' compensation controversy, some states utilize an ombudsman program. An ombudsman focuses on helping the injured worker navigate the procedural complexities of the workers' compensation system. By doing so, the ombudsman not only serves to aid the worker in recognizing his rights and gaining the benefits due to him, but also provides the worker with an enhanced knowledge of workers' compensation in relation to his injury to make thoughtful and considered choices regarding his claim. The ombudsman is not limited to only helping injured workers. He may also provide a supportive role to the employer. More... |
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