Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Temporary Disability Law
What laws apply to temporary disability at the workplace?
Temporary Disability Insurance (TDI) programs are designed to provide wage replacement for non-work-connected sickness or injury. The TDI program complements the UI program by providing benefits to individuals who do not meet the UI program's "able" to work requirement. Although Federal law does not provide for a Federal-State TDI system, the SSA and the FUTA both authorize the withdrawal of employee contributions from a State's unemployment fund for the payment of TDI. (Temporary Disability Insurance, n.d..)
Another law providing for temporarily disabled workers injured on the job is Workers' Compensation. Workers' Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. State Workers Compensation statutes establish this framework for most employment. Federal statutes are limited to federal employees or those workers employed in some significant aspect of interstate commerce.
The Federal Employment Compensation Act provides workers compensation for...
Many of its provisions are typical of most worker compensation laws. Awards are limited to "disability or death" sustained while in the performance of the employee's duties but not caused willfully by the employee or by intoxication. The act covers medical expenses due to the disability and may require the employee to undergo job retraining. A disabled employee receives two thirds of his or her normal monthly salary during the disability and may receive more for permanent physical injuries, or if he or she has dependents. The act provides compensation for survivors of employees who are killed. The act is administered by the Office of Workers' Compensation Programs.
The Federal Employment Liability Act (FELA), while not a workers' compensation statute, provides that railroads engaged in interstate commerce are liable for injuries to their employees if they have been negligent.
The Merchant Marine Act (the Jones Act) provides seamen with the same protection from employer negligence as FELA provides railroad workers.
Congress enacted the Longshore and Harbor Workers' Compensation Act (LHWCA) to provide workers' compensation to specified employees of private maritime employers. The Office of Workers' Compensation Programs administers the act.
California's Workers' Compensation Act provides an example of a comprehensive state compensation program. It is applicable to most employers. The statute limits the liability of the employer and fellow employees. California also requires employers to obtain insurance to cover potential workers' compensation claims, and sets up a fund for claims that employers have illegally failed to insure against.
What are those benefits and who administers them?
Six states operate TDI programs. In California, New Jersey, Puerto Rico, and Rhode Island, the TDI programs are administered by the State employment…
References
Workers compensation: an overview. Retrieved from: <http://straylight.law.cornell.edu/topics/workers_compensation.html>
'Temporary Disability Insurance" Retrieved August 10, 2005 from <http://workforcesecurity.doleta.gov/unemploy/uilawcompar/2005/disability.pdf>
Legal Brief US Airways Inc. v. Robert Barnett (United States Supreme Court 2001) Type of Action The type of action brought before the Supreme Court was an appeal from a lower court. The appellate court affirmed part of the prior decision, reversed part of the prior decision and remanded the rest. Prior to reaching the Supreme Court, the Ninth Circuit Court of Appeals heard the court (196 F.3d 979) Facts of the Case The facts
Disability Attention grabber: Everyone is disabled in some way, as no one is able to do everything. Defining disability is problematic because it presumes homogeneity among the disabled community, and presumes that there are only certain types of ability. Road Map: This paper will explore legal, ethical, and social dimensions of disability with the goal of suggesting a paradigm shift. Supporting Points Present Definition: Disability occurs when the person's body or mind does not conform to
Stress to Students with Disabilities Students with disabilities experience heightened stress levels because of the challenges they encounter in the learning environment. Students with learning disabilities often show increased stress levels and are reported to have significant negative characteristics than students without disabilities. Students with disabilities have shown high stress levels and low competency levels than students without disabilities. Children with behavior disorders and other disabilities have reported higher levels
The established pattern of emotional or behavioral responses must adversely affect educational or developmental performance, including intrapersonal, academic, vocational, or social skills; be significantly different from appropriate age, cultural, or ethnic norms; and be more than temporary, expected responses to stressful events in the environment. The emotional or behavioral responses must be consistently exhibited in at least three different settings, two of which must be educational settings, and one
American With Disabilities Act The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990 as Public Law 101-336. However, the law didn't become effective until January 26, 1992. The ADA is federal legislation that opened up services and employment opportunities to the millions of Americans with disabilities. This law was written to help balance the reasonable accommodation of citizens' needs and the capacity of private and public
Adults With Learning Disabilities It has been estimated (Adult with Learning Disabilities) 1 that 50-80% of the students in Adult Basic Education and literacy programs are affected by learning disabilities (LD). Unfortunately, there has been little research on adults who have learning disabilities, leaving literacy practitioners with limited information on the unique manifestations of learning disabilities in adults. One of the major goals of the (Adult with Learning Disabilities) 1 National Adult Literacy