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About the Author xi
Introduction xv
Overview of Workers' Compensation
In General 1
Historical Background 2
Advent of Workers' Compensation 2
Purpose 3
Federal Workers' Compensation Programs 3
The Federal Employees' Compensation Program 4
The Longshore and Harbor Workers' Compensation Program 5
The Black Lung Benefits Program 5
The Energy Employees' Occupational Illness Compensation Program 6
Additional Federal Disability Programs 6
The Federal Employment Liability Act 6
The Merchant Marine Act 6
Veterans' Disability Programs 7
Social Security Disability Insurance 7
State Workers' Compensation Programs 7
Type of Insurance Coverage Required 7
Compulsory Laws 7
Elective Laws 8
Purchasing Workers' Compensation Insurance 8
State Insurance Funds 8
Private Insurance Carriers 8
Self-Insured Employers 8
Eligibility for Workers' Compensation Benefits 8
Financing 9
ProgramAdministration 9
Reporting Requirements 10
Time Limits 10
Payment of Compensation 10
Employer Immunity 11
Exceptions to Employer Immunity 11
Retaliation 11
Disability Discrimination 11
Disability Benefits for Workers Who Suffer Non-Employment Related Injuries or Illnesses 12
Types of Disability Policies 12
Private Insurance 12
Government Insurance 13
Coverage 13
Short-Term Disability Insurance 13
Long-Term Disability Insurance 13
Employer-Provided Group Disability Insurance 13
Mandatory State Disability Programs 13
Third Party Liability 14
Statute of Limitations 14
Proving Negligence 14
Duty 14
Breach of Duty 15
Foreseeability 15
Proximate Cause 15
Damages 16
Document the Accident 16
Retain an Attorney 17
Maintaining A Safe Workplace 18
Statistics 18
The Occupational Safety and Health Administration 18
Employee Rights Under the Occupational Safety and Health Act 19
Filing a Complaint with OSHA 20
Whistle Blower Protection 21
Safety Initiatives 21
Filing the Workers' Compensation Claim
Types of Workers' Compensation Claims 23
Injury Claims 23
Causal Relationship 24
At the Place of Employment 24
Off-Site Injuries 24
Personal Activities 24
Lunch and Coffee Breaks 25
Travel Time 25
Disfigurement Claims 25
Occupational Disease Claims 25
Causal Relationship 26
Continuous Trauma 26
Schedule of Diseases 26
Medical Documentation 27
Aggravation of Pre-Existing Condition 27
Eligibility Restrictions 28
Occupational Hearing Loss 28
Death Claims 29
Filing the Workers' Compensation Claim 29
Notice to the Employer 30
Filing the Claim Form 30
Denial of Coverage 31
The Workers' Compensation Hearing 31
Legal Representation 31
Findings and Award 32
Settlement 32
Right to Appeal 32
Workers' Compensation Benefits
In General 33
Wage Loss Compensation 33
Percentage Based on Weekly Earnings 33
Length of Time Compensation is Payable 34
Extent of Disability 34
Temporary Total Disability 34
Permanent Total Disability 35
Temporary Partial Disability 35
Permanent Partial Disability 36
Scheduled Disabilities 36
Medical Benefits 36
Rehabilitation Benefits 37
Federal-State Vocational Rehabilitation Program 38
Subsequent Injury Funds 38
Death Benefits 39
Offset Provision Under the Social Security Amendments 39
The Federal Employees' Compensation Program
In General 41
Covered Employees 41
Types of Federal Workers' Compensation Claims 42
Traumatic Injury Claims 42
Occupational Disease or Illness Claims 42
Death Claims 43
Benefits 43
Wage Loss Compensation 43
Temporary Disability 43
Permanent Disability 44
Cost of Living Increases 44
Attachment and Garnishment of Compensation Payments 44
Medical Benefits 44
In General 44
Seek Immediate Medical Attention 45
Choosing a Physician 45
Covered Medical Providers 45
Submit Timely Medical Bills 46
Vocational Rehabilitation 46
Survivor Benefits 46
Termination Provisions 46
Burial Expenses 47
Filing A Claim Under the Feca 47
Legal Representation 47
Written Notice Requirement 47
Written Notice of a Traumatic Injury 48
Written Notice of Occupational Illness or Disease 48
Establish the Necessary Elements of the Claim 49
Required Proof - Causal Relationship 49
Time, Place and Manner 49
Medical Evidence 49
Performance of Duty Requirement 50
Lunch and Break Time 50
Recreational Activities 50
Travel Time 50
Continuation of Pay Claim 51
Time Limits in Adjudicating a Federal Compensation Claim 51
Injured Employees 51
Occupational Disease 51
Appeal Rights 52
Penalties for Filing a False Claim for Compensation 52
Return to Work Provisions 53
Recurrence of a Work-Related Disability 53
OWCP Right to Reimbursement from Third Party Claim Recovery 54
Privacy Rights 54
The Longshore and Harbor Workers' Compensation Program
In General 55
Covered Workers 55
Excluded Workers 56
Filing A Claim 56
Benefits 57
Monetary Benefits 57
Permanent Total and Temporary Total Disability 58
Permanent Partial Disability 58
Temporary Partial and Non-Scheduled Permanent Partial Disability 58
Permanent Partial Disability for Retirees 58
Medical Benefits 58
Vocational Rehabilitation 59
Death Benefits 59
Surviving Spouse 59
Children 59
Other Eligible Survivors 59
Termination Provisions 59
Funeral Expenses 60
Alternative Dispute Resolution 60
The Black Lung Benefits Program
In General 61
The Division of Coal Mine Workers' Compensation 62
Insurance Requirement 62
The Black Lung Disability Trust Fund 62
Filing A Claim Under the Black Lung Act 63
Claims Processing Procedure 63
Development of Evidence 63
Determination of Claim 64
Notice of Claim 64
Submission of Additional Evidence 65
Development of Evidence by the Claimant and the Responsible Operator 66
Evidence Regarding Liability 66
Medical Evidence 66
Claim Review 67
Informal Conference 67
Proposed Decision and Order 68
Administrative Hearing 69
Reconsideration and Appeal 69
Final Decision 69
Benefits Under the Black Lung Act 70
Monetary Benefits 70
The Black Lung Monthly Benefits Rate for 2007 70
Part-B Black Lung Monthly Benefit Rates 70
Part-C Black Lung Monthly Benefit Rates 70
Medical Benefits 71
Diagnostic Testing 71
Medical Coverage 71
Death Benefits 71
The Energy Employees' Occupational Illness Compensation Program
In General 73
Eligibility 73
Survivorship Rules 74
Part B Benefits 75
Lump Sum of {dollar}150,000 and Medical Expenses 75
Lump Sum of {dollar}50,000 and Medical Expenses 75
Part E Benefits 76
Variable Compensation 76
Wage Loss 76
Impairment 76
Survivorship 77
Filing A Claim 77
The Claims Process 78
Lump Sum Payment 79
Obtaining Medical Benefits 79
Additional Federal Disability Programs
The Federal Employment Liability Act 81
Damages 81
Filing a Claim 82
Settlement 83
The Merchant Marine Act 84
Covered Employees 84
Requirements for U.S. Flagged Vessels 84
Workers' Compensation Provisions 84
Veterans' Disability Programs 85
Disability Compensation 85
Eligibility 85
Amount of Benefits 85
Applying for Disability Compensation Benefits 86
Related Benefits 86
Disability Compensation for Sexual or Personal Trauma 86
Eligibility 87
Amount of Benefits 87
Applying for Disability Compensation Benefits 87
Disability Pension 87
Eligibility 87
Amount of Benefits 88
Applying for Disability Pension Benefits 88
Related Benefits 88
Vocational Rehabilitation 88
Eligibility 89
Amount of Benefits 89
Applying for Vocational Rehabilitation Benefits 89
Related Benefits 89
Housing Assistance for Disabled Veterans and Military Personnel 90
Burial Benefits 90
Dependents and Survivors Benefits 90
Health Care Services 90
Service-Disabled Veterans Insurance 91
Benefits for Selected Reserve and National Guard Members 91
Active Duty Service 91
Non-Active Duty Service 91
Compensation 91
Medical Care 91
Vocational Rehabilitation 92
Social Security Disability Insurance 92
Appendices
Directory of Office of Workers' Compensation Programs (OWCP) District Offices 93
The Federal Employees' Compensation Act-Selected Provisions 97
The Longshore and Harbor Workers' Compensation Act-Selected Provisions 119
The Black Lung Benefits Act-Selected Provisions 143
Directory of State Workers' Compensation Boards 155
Type of Insurance Required Under State Workers' Compensation Laws 161
Workers' Compensation Coverage Requirements for Agricultural and Domestic Workers 165
Directory of Occupational Safety and Health Administration (OSHA) Offices 169
Jurisdictions Providing Disfigurement Benefits 173
Availability of Benefits for Occupational Hearing Loss 177
Death Benefits for Surviving Spouses and Children 181
Maximum Burial Allowances 185
Employee's Statement of Rights Under the New York State Workers' Compensation Program 189
Employee's Claim for Compensation Under New York State Workers' Compensation Program 191
Allowable Attorney Fees Under State Workers' Compensation Laws 193
Waiting Period for Benefits Under State Workers' Compensation Laws 197
Retroactivity of Benefits Under State Workers' Compensation Laws 201
Percentage of Wages Payable for Temporary Total Disability Under State Workers' Compensation Laws 205
Percentage of Wages Payable for Permanent Total Disability Under State Workers' Compensation Laws 209
Percentage of Wages Payable for Permanent Partial Disability Under State Workers' Compensation Laws 213
Choice of Physician Rules Under State Workers' Compensation Laws 217
Workers' Compensation/Public Disability Benefit Questionnaire (Form SSA-546) 221
Federal Employee's Notice of Injury and Claim for Compensation (Form CA-1) 225
Federal Employee's Notice of Occupational Disease and Claim for Compensation (Form CA-2) 231
Claim for Continuance of Compensation Under the Federal Employees' Compensation Act (Form CA-12) 237
Notice of Employee's Injury or Death Under the Longshore and Harbor Workers' Compensation Act (Form LS-201) 241
Directory of Black Lung District Offices and Jurisdictions Served 245
Directory of Energy Employees Occupational Illness Compensation Program District Offices 247
Directory of Energy Employees Occupational Illness Compensation Program Resource Centers 249
Claim for Benefits Under the Energy Employees' Occupational Illness Compensation Act (Form EE-1) 251
Glossary 255
Bibliography and Additional Reading 269
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Add Worker's Compensation Law, Are you an employee who suffered a work-related injury or illness and as a result became disabled and unable to work? You may be entitled to receive certain benefits under a system known as workers' compensation. Although state workers' compensation , Worker's Compensation Law to the inventory that you are selling on WonderClubX
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Add Worker's Compensation Law, Are you an employee who suffered a work-related injury or illness and as a result became disabled and unable to work? You may be entitled to receive certain benefits under a system known as workers' compensation. Although state workers' compensation , Worker's Compensation Law to your collection on WonderClub |