| HIV/AIDS |
| |
| Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS), cripples the body's immune system so that it cannot defend itself against other infections and diseases. There is no cure for AIDS, though drugs have been produced that slow the progression of the virus from HIV into AIDS.More... |
| |
| Attorneys' Fees and Costs in Third-Party Actions |
| |
| When an injured employee initiates a third-party action based on the injury he received in the course of his employment, most states require the employer or its workers' compensation insurance carrier to pay part of the attorneys' fees incurred in bringing the action. They are to pay the fees out of their share of the recovery. Though the majority calls for the employee and employer to share the burden of attorneys' fees, there is still variation among the states as to who is obligated to pay the fees and in what amount.More... |
| |
| Jones Act of 1920 |
| |
| 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... |
| |
| Types of workers compensation laws |
| |
| Applicability of the LHWCA requires that the situs and status tests be met, i.e. the injury must have occurred on United States navigable waters or adjoining area by a maritime worker as specified in the LHWCA. It appears that the LHWCA was conceived to fill a gap in workers' compensation coverage by providing benefits to those employees who were not injured on land, which would then be covered under the applicable state's Workers' Compensation Act. However, the expansion of the interpretation as to what is the "adjoining area" of navigable waters has allowed for conflicts of law questions to arise for maritime workers. Caselaw suggests that when the LHWCA does not clearly apply under the status and situs tests, each case will be examined on its own facts to determine the source of the injured employee's benefits. Notably, Louisiana denies state workers' compensation benefits to an employee who is covered by the LHWCA.More... |
| |
| Proper Party to a Third Party Action |
| |
| 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... |
| |
