Workers Compensation
| 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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| Horseplay |
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| Horseplay is not altogether uncommon in the workplace and basically consists of boisterous and playful roughhousing. When an injury arises in the workplace as a result of horseplay, the question of compensability comes into play. It is a relatively uniform principle throughout the states that if the injured party was not a participant in the horseplay, but only injured by the horseplay, compensation will not be denied. However, only some states will permit the recovery of workers' compensation benefits if the injured party instigated the horseplay or participated therein. Many jurisdictions outright deny compensation to instigating employees based on the principle of the employee as the "aggressor." More... |
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| Becoming "Insured" for Social Security Disability Insurance Benefits |
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| An individual becomes "insured" and thereby eligible for Social Security Disability Insurance (SSDI) benefits by earning Social Security credits and paying Social Security taxes, which are deducted from the individuals' paycheck. The credits are allocated to individuals based on the amount of their earnings. For each $ 900 earned in 2004, the individual is given one credit. A maximum of four credits can be earned for the year. The earnings-to-credit ratio is adjusted each year to take into account earnings increases. Once earned, an individual's credits are forever attributed to them even if they have periods of unemployment or change jobs. More... |
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| Violation of Law or Commission of Crime |
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| As a general rule, an employee is not necessarily withdrawn from workers' compensation eligibility if he is injured while violating a law or committing a crime in furtherance of his job duties. Most often, the violation of a law or commission of a crime will affect an employee's receipt of benefits if, in the applicable state, it constitutes "wilful misconduct" or is the subject of its very own statutory provision giving a defense to the employer. The violation of a statute does not ipso facto equal "wilful misconduct." Rather, flagrancy and knowledge on the part of the employee are generally required for an act to rise to the level of "wilful." More... |
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| Military Service and Social Security Benefits |
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| An individual serving in the military pays Social Security taxes just as civilian employees do. For 2004, when a person earns $ 3,600 they have earned one year of work credit toward qualification for social security benefits. The benefit amount that a person receives is tied to the amount of his earnings, which are averaged over his working lifetime. More... |
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