Workers Compensation
| Death Benefits |
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| The surviving dependents of a deceased worker may receive workers' compensation death benefits if the worker's death arose out of and in the course of his employment. Death benefits provide weekly compensation to the dependents. In most states, the amount of total dependency benefits received is based on a percentage of the worker's average weekly wage. For partial dependency benefits, the amount received is commonly calculated as a portion of the dependent's support that was received from the worker. In addition to weekly compensation, death benefits also include a payment for the worker's burial expenses. The amount allotted for these expenses is set by the Workers' Compensation Act of each state and varies widely between the jurisdictions. More... |
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| Workers' Compensation Terms |
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| Arising Out of and in the Course of Employment More... |
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| Adult Consultative Examination Reports |
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| When an adult Social Security Disability Insurance claimant fails to provide, or provides inadequate, medical information to make a "disability" determination, the Social Security Administration (SSA) will request that a consultative examination (CE) be performed. The claimant's treating physician or an independent medical source may perform the CE. When the CE has been completed, a report must be provided to the SSA that meets the minimum requirements specified by the SSA. More... |
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| Social Security Disability Appeals Process |
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| If an individual disagrees with the decision of the Social Security Administration, an appeal can be taken. In the appeals process, all parts of the decision will be re-examined, including those parts that are favorable to the appellant. A written request for an appeal is required and it must be done within a specified time period. The individual may have a representative aid them in the appeals process. The representative will act on behalf of the individual, but is prohibited from collecting a fee for this service without first gaining permission from the Social Security Administration. More... |
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| Corporate Executives and Partners |
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| Depending upon an individual's position within a company, he may or may not be covered by workers' compensation. Generally, it is "employees" who may claim workers' compensation benefits. Officers, such as a chief operating officer, president, corporate secretary, or chief financial officer, are usually covered just like regular employees. However, if such an officer gains a controlling ownership interest in the corporation, workers' compensation coverage may be lost. This is because the corporation has essentially become the alter ego of the officer and vice-versa. If workers' compensation coverage was still to be extended to the officer in such a situation, it would be like calling the officer both the employer and the employee. For coverage to be affected, some states require that the officer serve on the corporation's board of directors in addition to owning shares in the corporation. More... |
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