Workers Compensation Law
The paper contains an in-depth explanation of Workers' Compensation Law in light of various court cases. The terminology implies a payment given to employees by their employers for a portion of the cost of damages, injuries or occupational diseases. The magnitude of this responsibility upon the employer varies in different countries and states of United States. Most of the worker's compensation systems today, comprise of a proper legislation requiring the employer to provide an adequately safe workplace with suitable and durable equipment, along with a set of proper safety rules and instructions where necessary, under the supervision of admissibly competent foremen and superintendents. In the process, an employer is legally responsible for the employee's act of negligence, as well as for his own negligence and for the extraordinary risks of work. Mostly the employer is not responsible for accidents occurring outside the workplace or for those the firm…...
Virginia Reno, Cecili Thompson Williams and Ishita Sengupta, Winter 2003, Workers' compensation, Social Security Disability Insurance, and the offset: a fact sheet, Social Security Bulletin.
Peter M. Lencsis, 1998, Workers Compensation: A Reference and Guide, Quorum Books, Westport, CT, page 5.
For instance, any retraining measures should focus primarily on the Medical Provider Network and the Independent Medical Evaluator as these issues will be where a majority of client questions will come in. When a potential client calls with a question regarding getting medical treatment for a work injury, a staff member must be capable of both providing accurate information and in convincing the caller that professional legal services are needed. To do this, all staff involved in the workers' compensation process must be trained on the new rules and policies and procedures of Senate ill 899.
Penalties for Noncompliance
In order to limit corruption and profiting from the system, Senate ill 899 has included strict compliance regulations and stiff penalties for noncompliance. Thus, staff training becomes even more important. Training a legal assistant or associate attorney in compliance and giving them the job of compliance assurance will be beneficial as the…...
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Bibliography
California Division of Workers' Compensation. (2005): "Workers' Compensation Reforms Under Senate Bill 899: First Annual Report of Progress. www.dir.ca.gov/dwc/SB899/SB899Review2005.pdf.
Nuckols, Teryl K. And Barbara O. Wynn. (2005): Evaluating Medical Treatment Guideline Sets for Injured workers in California. RAND Corporation.
Pace, Nicholas, Galway, Lionel and Robert Reville. (2003): Improving Dispute Resolution for California's Injured Workers. RAND Corporation.
Peterson, Mark a., Berth, Peter S., Reville, Robert T. And Rachel K. Stern. (2005): Compensating Permanent WorkPlace Injuries: A Study of the California System. RAND Corporation.
.. society should bear the burden of any misfortunes." (Review guide for the CRC examination: Workers Compensation). Thus, according to this review guide, worker's compensation emerged to treat industrial accidents as predictable costs shared by all consumers regardless of fault. It replaced a failed legal system where employers had once successfully defended themselves against workers' law suits using various common law defenses that made them virtually immune from legal responsibility. The first successful state law was passed by Wisconsin in 1911, giving employers the choice of participating in workers' compensation or not, but if they chose not to participate they were denied the use of common law defenses in law suites (Review guide for the CRC examination: Workers Compensation).
ibliography
Review guide for the CRC examination: Workers Compensation. http://luna.cas.usf.edu/~rasch/wcomp.html
Schwartz, M.W. Defining the purpose of worker's compensation. http://www.helium.com/items/16281-defining-the-purpose-of-workers-compensation...
Personnel Law and Regulation
Workers Compensation Rehabilitation
For nearly 100 years, the system of Worker's Compensation has been used in the United States. Worker's Compensation is legislated and administered at the state level. Accordingly, each state has passed their own laws and developed their own system to administer Worker's Compensation within their jurisdiction. Despite the differences of each state's benefits, the overall concept of Worker's Compensation is used in each state.
The model of Worker's Compensation is simple. Employees loose their right to sue their employer for negligence, and employers are required to provide Worker's Compensation to their employees. Specific benefits vary from state to state. All state systems provide some form of protection for employees who are hurt while working.
Prior to the adoption of Worker's Compensation, the previous system required an employee to file a lawsuit against their employer. This proved to be ineffective and problematic. For example, an employee was injured…...
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Bibliography
Job Got You Stressed?" Health Beat Magazine, February 28, 1995. Pages 50-51
Adams, John D. "Creating and Maintaining Comprehensive Stress-Management Training" Stress Management in Workplace Settings, Praeger Publishers: New York (1989)
Bloch, Frank S. (Editor), Prins, Rienk (Editor) (2001). Who Returns to Work & Why?: A 6 Country Study on Work Incapacity & Reintegration (International Social Security Series, V. 5). Somerset, NJ: Transaction Publications
Clay, Rebecca A., "Job-stress Claims Spin out of Control," American Psychological Association Monitor, July 1998, pgs. 52-55.
NJ Fails Injured Workers
What is your reaction to the fact that many WC cases are rescheduled twelve or more times before settling? What is the impact of those delays on the injured workers?
The Workers Compensation system in New Jersey is clearly not effectively dealing with workers cases in a timely manner. The stories cited are heartbreaking; like John DeJulio who had to wait three years before getting a needed knee replacement, Andrew Mathis who was forced to wait so long for any kind of relief that he lost his house and was forced to move in with his family, and Joseph DelDuca who actually became so frustrated with his long wait that he took it upon himself to drive his pickup truck through the glass doors of his local unemployment office (Martin, 2008). There are many more cases that are similar to these that do not get media attention…...
11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.
Week 8
5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless they actually…...
Paralegal Specialties
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.
Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).
Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.
Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They may prepare informative or…...
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References
Bevans. (2009). Tort law for paralegals. New York: Aspen
Kevin Golden v. Town of Collierville 06a0062n.06; 167 Fed. Appx. 474; 2006 U.S. App.
Plaintiff firefighter appealed a decision of the United States District Court for the estern District of Tennessee, which granted summary judgment in favor of defendants, a town, its administrator, a fire chief, and an assistant fire chief, on his procedural due process and equal protection claims under 42 U.S.C.S. § 1983. The district court also dismissed the firefighter's claims for civil conspiracy under state law.
The firefighter, who was white, claimed that he was offered but then denied a promotion to the position of fire lieutenant because of his race. Instead, another firefighter who was black was promoted to the position. Defendants argued that the black firefighter was promoted because he ranked above the white firefighter in the testing and interview process. On appeal from the district court's decision, the court held: the district court properly granted summary…...
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Works Cited
Biondo v. City of Chicago 2002 U.S. Dist.
Columbus Civil Service Commission v. McGlone 82 Ohio St. 3d 569; 1998 Ohio 410; 697
N.E.2d 204; 1998 Ohio
Gary L. Knapp et al. v. City of Columbus 06a0472n.06; 192 Fed. Appx. 323; 2006 U.S. App.
Financial and Economic Impact of Worker's Compensation egulations And Compliance
The program and concept of Workers' Compensation might appear to be a product of a civilized society and the modern era, but nothing could be further from the truth. In fact, Workers' Compensation has essentially been around for as long as people have been completing task for payment of some form of another, because people have always been getting hurt in some way, on the job. "The history of compensation for bodily injury begins shortly after the advent of written history itself1. The Nippur Tablet No. 3191 from ancient Sumeria in the Fertile Crescent outlines the law of Ur-Nammu, king of the city-state of Ur. It dates to approximately 2050 B.C.2. The law of Ur provided monetary compensation for specific injury to workers' body parts, including fractures. The code of Hammurabi from 1750 B.C. provided a similar set of rewards for…...
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References
Benyamin, R., Buenaventura,, . R., Datta, S., & Adlaka, R. (2008). Opioid Complications and Side Effects. Pain Physician, S106-S111.
Other acts include the Federal Employment liability Act, the Marchant Marine Act and the Longshore and Harbor Workers' Compensation Act.
There are also workers compensation acts that are geared towards problems associated with illnesses or health concerns that have arisen from working in certain industries. One example of this is the Black Lung Benefits Act. This particular act provides compensation for miners who acquire www.nlm.nih.govPneumoconiosis a lung disease that develops over time as a result of ingesting coal, graphite, or man-made carbon dusts (Coal worker's pneumoconiosis). This particular act ensures that mine operators compensate workers in the form disability payments and creates a fund managed by the Secretary of Labor (Workers Compensation). The fund is responsible for supplying disability payments to miners in cases where the mine operator is not known or does not have the ability to pay (Workers Compensation).
As you can see worker's compensations takes on many different…...
Employment Law in Vietnam
Summary of Minimum Statutory Entitlements
Annual Leave
Maternity Leave
Form of Contract
Termination
Discrimination Laws
Data Privacy Legislation
The Mandatory Social Security Fund
Employee Compensation
Summary of Visa Requirements www.mayerbrownjsm.com
This booklet provides general advice only and should not be treated as a substitute for legal advice. While care has been taken to ensure that details are correct, no responsibility can be taken for losses arising from the reliance upon its contents. Should you have any speci? c questions please contact Dao Nguyen on +84 8 822-8860 or email at dao.- -- .
Ethics Case Study: Medical Law and Ethics
Jerry McCall is Dr. William's office assistant. He has received professional training as both a medical assistant and an LPN. He is handling all of the phone calls at the office while the receptionist is at lunch. During this period of time, a patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to his pharmacy, since he is leaving for the airport in thirty minutes. The patient notes that Dr. Williams is a personal friend and always gives him a small supply of Valium when he has to fly. No one except Jerry is in the office at this time.
Does Jerry's Medical Training Qualify Him to efill the Order?
While Jerry's medical training qualifies him to receive a prescription order and transcribe it accurately for other nurses or physicians to implement or transmit to a…...
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References
Lloyd, H. (2010). Workers' compensation: a brief history. Florida Department of Financial Services. Web. Retrieved from: on 1 November 2011.http://www.myfloridacfo.com/wc/history.html
Minnesota Board of Nursing. (2010). Nurses and prescribing. Web. Retrieved from:
Nowicki, M. And Summers, J. (2004). Reducing your credibility liability. Healthcare Financial Management, 58.4: pp. 94-97. Web. Retrieved from: ProQuest Database.
Employment at Will Policy: Exceptions to the ule
The notion of 'at will' employment reflects the fact that by law employees can be fired from any job for any cause, good or bad, depending on the whim of the employer, barring a written employment contract (Muhl 2001:3). There are specific exceptions to this policy which vary from state to state. But in the case of John, the employee who posted a rant on his Facebook page, there are a number of NJ state precedents of allowing employers to fire employees for posts made on social media. A garbage collector in Maplewood, N.J. was fired for complaining on his public Facebook page about having to clean up "after a two-day concert, blaming the mess on liberals who rant about green living and then pollute the parks, and launched a tirade against Obama, gays and liberal politics" (McDonnell 2014).
Also, in the case of…...
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References
Can potential employers ask for my Facebook password? (2015). Nolo. Retrieved from:
arah's theory is that Will Worker who collided in and damaged her4 car, is an employee of Larry's business, "Lofty Lawns." ince he is unable to pay for repairs of her car, her theory is that that his employers Larry's business, "Lofty Lawns" should pay for it and cover him.
he will not succeed, since the employer of Larry's business, "Lofty Lawns," has made each of his employees independent and hired them as their own workers. "He requires them to sign an "independent contractor" agreement that acknowledges they are independent contractors, not employees. " Wanting to keep costs to a minimum, Larry has each worker buy his own van, as well as maintain their own vehicle liability insurance (and show proof of insurance), and to pay for their own gas and truck maintenance. Will should have been responsible for this. ince he failed, Lofty Lawns…...
Nike Inc. is an America multinational company with engagements in development, manufacturing, design, and global marketing of equipment, apparel, footwear, services, and accessories. The firm has its headquarters in Beaverton in Portland metropolitan region. The company remains part of the largest apparel and athletic shoes supplier in the world. The company is a notable manufacturer of different sports equipment reaching a revenue mark of U.S.$23.1 billion in 2012. The year 2012 was illustrated by the employment of close to 44,000 individuals across the world. Further, the brand was estimated to be at the value of $19 billion that made it a valuable brand within other sports businesses. Nike was developed in 1964 under the name Blue ibbon Sports (Farrell, 2009).
The founders were Phil Knight and Bill Bowerman who later adopted the name Nike, Inc. In 1971. The firm took the name against the Greek meaning of 'goddess of victory'.…...
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References
Berger, L., & Berger D., (2008). The compensation handbook. New Jersey: McGraw-Hill Professional.
Biswas, B.D. (2012). Compensation and Benefit Design: Applying Finance and Accounting Principles to Global Human Resource Management Systems. New York: FT Press.
Estreicher, S., & Reilly, D.J. (2010). Employee Benefits and Executive Compensation: Proceedings of the New York University 59th Annual Conference on Labor. New York: Kluwer Law International.
Farrell, B.S. (2009). Human Capital: Actions Needed to Better Track and Provide Timely and Accurate Compensation and Medical Benefits to Deployed Federal Civilians. New York: DIANE Publishing.
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