Workers Compensation
| Arbitration and Mediation |
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| Alternative dispute resolution (ADR) has come to play an increasing role in the resolution of workers' compensation disputes. Almost half the states now offer arbitration and/or mediation as viable ADR methods. More... |
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| Employer's Indemnification of Third Party |
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| Generally, workers' compensation is the exclusive way to hold an employer liable for an employee's injury. However, the "exclusiveness" principle will give way in the face of an express contractual provision that the employer will indemnify a third party for payments it is required to make to an injured employee. For example, consider the employer who leases heavy construction equipment from an equipment rental facility. The lease agreement may contain a clause providing that, if a worker of the employer is injured while operating the equipment, the employer will wholly indemnify the equipment rental facility for any damages the facility is called upon to pay to the worker. More... |
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| Uninsured Motorist Insurance, No-Fault Insurance |
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| and Workers' Compensation) More... |
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| Jones Act of 1920 |
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| The purpose of the Jones Act of 1920, also known as the Merchant Marine Act, is to provide compensation for seamen who have been injured in the course of their employment. Like the Federal Employers' Liability Act for railroad workers, the Jones Act is an alternative to traditional workers' compensation statutes. The Jones Act allows an injured seaman to pursue a negligence action against his employer for money damages that represent, among other things, lost wages, pain and suffering, and emotional distress. Should the injury result in the seaman's death, the Jones Act also authorizes an action by the seaman's personal representative, with any damages recovered going to the seaman's spouse, children, or parents as the case may be. More... |
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| Evidence in Workers' Compensation Administrative Proceedings |
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| Workers' compensation administrative proceedings are considered less formal than their judicial counterparts, due in large part to the treatment of evidence. Though the procedural aspects are more relaxed than in a judicial proceeding, the parties are entitled to the strict observation of procedural due process. More... |
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