| Casual Employment |
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| Many states apply an exemption to the workers' compensation system for "casual" employment, although the majority also requires that the employment not be within the employer's regular course of business. As to the majority's additional requirement, it is important to note that no matter how brief or irregular the employee's work may be, if it falls within the employer's regular course of business he will be covered by workers' compensation. In some states, the casual employee exemption has been specifically denied. More... |
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| Earning Capacity |
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| The extent to which an individual is "disabled" by workers' compensation standards requires an examination of the individual's earning capacity after the injury in relation to his earnings prior to being injured. Even if the individual realizes a reduction in his earnings after the injury, he must still prove a causal link between the earnings reduction and his injury. Failure to do so will result in a denial of benefits. If the individual achieves earnings after his injury is sustained, there is a presumption that he has an "earning capacity" in keeping with such earnings. However, the presumption can be rebutted by evidence that the individual, in fact, has no earning capacity or that the post-injury earnings he received are not an accurate, fair, or reasonable measure of the individual's earning capacity. More... |
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| Mental and Nervous Injury |
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| Generally, a worker's injury that occurs in the course of his employment is compensable even though it is a mental or nervous injury as opposed to a physical one. With causation and "arising out of the employment" issues dispensed with, the majority of states find that a mental condition, which causes a physical injury, is compensable. For example, a worker is frightened by a sudden event or accident and immediately thereafter suffers a heart attack. Compensability is no less viable when the mental stimulus is sustained over a period of time. For example, an employee who over the course of months is so pressured by the demands of his employer and his position that, even though relatively young, he suffers a heart attack. More... |
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| Palliative and Preventive Measures |
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| The provision for medical benefits is a substantial component of workers' compensation. Many states consider palliative measures to be included under the umbrella of "medical benefits." Basically, palliative measures are those extended to the employee for pain and discomfort when there is no hope for recovery. The language of each state's statute is central to whether palliative measures are covered. For example, when a state authorizes medical benefits for the cure and recovery of the injured employee, many courts will consider "recovery" separate from "cure." Thus, the door is opened for palliative measures despite the lack of curability in the employee's condition. 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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