| Medical Benefits |
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| A key feature of the workers' compensation system is that it provides medical benefits for the injured worker. The medical benefits provided to eligible employees include those for medical services, medicine, and medical equipment or accouterments such as hearing aids and other medical devices. In addition to these benefits, the cost of travel in order to obtain the necessary medical care is reimbursable. In most jurisdictions, the receipt of such benefits is not limited to a specified time frame or capped at a specified amount. Although the employer is responsible for payment of the injured worker's medical and hospital benefits, it is the employee who generally chooses his medical provider. However, some states mandate that the employee choose from an authorized panel of providers or even that it is the employer's prerogative to choose a physician for the employee. 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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| Off-Premises Injuries While Traveling to and From Work |
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| Normally, if an employee is injured while traveling to or from work, such injury is not compensable unless the injury occurred on the employer's premises. However, when the travel itself is a major component of the services provided by the employee, the fact that the injury occurred off the employer's premises will not preclude compensation. More... |
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| Domestic Servant Exemption |
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| Workers' compensation coverage for domestic servants is limited. Such limitation is generally based on the exclusion for part-time employees or the statutory exemption for employers with less than the requisite minimum number of employees. Many states specifically exclude domestic servants from workers' compensation coverage. Others omit to place domestic servants on the list of covered employments. However, almost half of the states provide at least a measure of coverage for those employed as domestic servants. More... |
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| Employee's Failure to Obey Safety Rules as Statutory Defense |
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| When an employee claims workers' compensation benefits are due to him based on an injury that occurred on the job, many states allow an employer to defend itself by presenting evidence that the employee wilfully disobeyed the employer's prescribed safety rules or purposefully neglected to use a safety device. Although in rare cases the defense represents a complete bar to the employee's recovery of benefits, usually the employee's recovery is just subject to a reduction. More... |
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