| Suicide and Self-Injury as Bar to Workers' Compensation |
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| In almost all states, suicide or the infliction of self-injury will bar the receipt of workers' compensation benefits. The overriding issue when the employee commits suicide appears to be that of causation. If an employee's compensable injury is the proximate cause of his suicide and the employee suffered from some form of insanity or mental infirmity, then death benefits would likely be payable. Basically, in order for benefits to be paid, the employee must be injured in the course of his employment and then commit suicide as a result. Employers gain a complete defense when no such injury has occurred or when outside forces, such as the employee's personal situation, have a greater influence on the employee's decision to end his life. A physical injury is not a prerequisite to the recovery of benefits. A mental injury is just as viable as the cause of the employee's suicide. More... |
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| Plans to Achieve Self-Support |
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| As part of its work incentive program, the Social Security Administration (SSA) has authorized the use of Plans to Achieve Self-Support (PASS) by disabled or blind individuals who are Supplemental Security Income beneficiaries. A PASS enables these beneficiaries to set aside income and resources for an occupational pursuit without being penalized with a reduction in their benefits amount. Neither the income nor the resources earmarked for a PASS are used in the SSA's calculation for benefits. More... |
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| Black Lung Benefits Act - "Operators" and "Responsible Operators" |
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| Under the Black Lung Benefits Act) More... |
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| Fault of Employee |
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| A core principle within the area of workers' compensation is that the question of "fault" is largely irrelevant. It is only when the employee's "fault" in connection with the injury is occasioned by him leaving the course of employment or is a statutory defense in a jurisdiction will the inquiry come into play. The test for workers' compensation is generally not personal such that an employee's misconduct, whether negligent or intentional, will affect the receipt of benefits. Rather, the test is merely whether the injury arose out of and in the course of employment. More... |
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| Compensation for Black Lung Claims |
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| The Black Lung Benefits Act covers total disability claims of United States' miners suffering from pneumoconiosis (aka black lung disease), which was contracted due to their employment. Such miners are awarded monthly cash benefits as well as medical benefits. Payments to dependent survivors are also provided for in the Act and include the surviving spouse, children, and dependent parents and siblings. More... |
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