| Workers' Compensation & SSDI |
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| > CompensabilityMore... |
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| Fault of Employee |
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| A core principle within the area of workers' compensation is that the question of "fault" is largely irrelevant. It is only when the employee's "fault" in connection with the injury is occasioned by him leaving the course of employment or is a statutory defense in a jurisdiction will the inquiry come into play. The test for workers' compensation is generally not personal such that an employee's misconduct, whether negligent or intentional, will affect the receipt of benefits. Rather, the test is merely whether the injury arose out of and in the course of employment. More... |
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| Consequences of Injury in Course of Employment |
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| When an employee is injured in the course of his employment, the natural and resulting consequences from such injury are compensable as also arising in the course of employment. The compensable consequences of the injury can encompass a negative progression or complication of the injury or a completely new injury resulting from the initial one. However, for the initial injury to be considered the root of the resulting condition, there can be no independent intervening cause occasioned by the employee's own intentional conduct.More... |
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| Refusal of Employment as Employer Defense |
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| Workers' compensation disability benefits are payable based on the nature of the employee's work-related injury or illness and the employee's corresponding lack of earning capacity. When an employee can return to work, his disability benefit payments will cease. In some instances, an employee's benefits are based on his inability to obtain work due to his condition. However, employers may counter that the fault lies with the employee, not his condition, because the employee has unreasonably refused to engage in suitable work. For example, an employer may prevail when an employee refuses a lighter work position offered by his employer. The employer carries the burden of demonstrating that the employee possesses the ability to perform the offered position.More... |
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| Recovery of Costs, Attorney's Fees, and Interest in Workers' Compensation Actions |
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| Generally, parties in workers' compensation actions are responsible for their own attorney's fees and costs. The amount of attorney's fees that can reasonably be charged to a claimant in pursuing his claim for benefits is specifically outlined in many state statutes. For example, some states will cap attorney's fees at a specified dollar amount; others will cap such fees at a designated percentage of the amount recovered as benefits by the claimant. More... |
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St. Peters, MO 63376