| Meaning of "Miner" for Purposes of Black Lung Benefits Act |
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| The Black Lung Benefits Act provides for total disability claims for United States miners suffering from pneumoconiosis (aka black lung disease), which was contracted due to their employment. Originally, a "miner" was considered to be a person who was employed in an underground coal mine. However, subsequent amendments to the Act deleted the "underground" requirement so that miners working in above-ground environments would also be covered.More... |
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| Acts Benefiting Employee |
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| When an employee undertakes an activity that is outside his regular or established duties, the question arises whether an injury resulting from such activity was incurred during the course of his employment. Though compensation is not altogether likely when the act benefits the employee, there are instances where it is possible for an employee to recover workers' compensation benefits. With respect to self-improvement activities, courts have allowed compensation where the employee was injured while attempting to register for a vocational class. The decision hinged on the fact that the vocational education was called for in the contract for hire. Additionally, an employee required by his union to take educational courses, which were paid for by the employer, was allowed compensation.More... |
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| Drug and Alcohol Dependence |
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| SSI and SSDI benefits)More... |
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| HIV/AIDS |
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| Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS), cripples the body's immune system so that it cannot defend itself against other infections and diseases. There is no cure for AIDS, though drugs have been produced that slow the progression of the virus from HIV into AIDS.More... |
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| Resident Employees Who Are Not On-Call |
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| The general rule is that employees who reside on the employer's premises are protected by workers' compensation coverage if they are required to reside on the premises and are on-call twenty-four hours per day or the injury resulted from a risk associated with the employee's living conditions given the requisite living arrangement. When the employee is not on-call and has specified work hours, though he is required to live on the employer's premises, gaining workers' compensation benefits for an injury off the employer's premises is somewhat difficult. When the resident employee is injured outside his work hours and off the employer's premises, he must show a strong causal link between the injury and his employment. This causation requirement is magnified and must be found more compelling than the showing required for on-call employees. More... |
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