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Self-employment

The central question of whether a given state can apply its workers' compensation statute focuses on various factors including the place that the employment contract was entered into, the place of the employee's injury, and the employee's usual place of employment. For example, an employee who entered into an employment contract with a construction company in California, and who was subsequently injured on a construction site in Nevada, may be able to seek workers' compensation benefits in both California and Nevada. However, double recoveries are generally not permitted.

Standard of Conduct for Representatives of Social Security Claimants

Those individuals undertaking to represent a social security claimant, whether an attorney or a non-attorney, must adhere to a certain standard of conduct. In particular, representatives appearing on behalf of a claimant before the Social Security Administration (SSA) must comply with the SSA's Rules of Conduct and Standards of Responsibility for Representatives (Rules of Conduct).

Workers' Compensation Medical Benefits as "Property"

The Due Process Clause of the Fourteenth Amendment to the United States Constitution provides that a person shall not be deprived of his property without due process of law. The issue of whether workers' compensation medical benefits are "property" under the Fourteenth Amendment was addressed by the United Supreme Court, which held that such determination hinged on the individual's entitlement to such benefits.

Notice of Injury

Generally, workers' compensation statutes contain a limitations period in which the injured employee must give notice of his injury. Under most circumstances, the notice is provided to the employer. The notice period itself is relatively small. Some statutes mandate that it be given as soon as possible while others provide for a fixed timeframe such as, for example, within a designated number of weeks or months following the injury. The required notice allows the employer to immediately provide the employee with medical care and allows for a more accurate and comprehensive investigation into the accident causing the employee's injury. If the employee does not give the mandated notice, his claim for benefits will be denied.

Consultative Examinations, Generally

Consultative examinations (CE) of a social security claimant are used by the Social Security Administration (SSA) when the claimant's medical evidence is insufficient to determine the claimant's disability, or lack thereof. Although the claimant's treating physician is the preferred source of medical evidence, there are instances where a medical examination from an independent source is necessary. These include situations where the treating physician is unwilling to perform the examination, there are inconsistencies in the claimant's file that cannot be resolved by consulting with the treating physician, the claimant himself prefers an examination by a source other than his treating physician with good reason, or prior experience in dealing with the treating physician indicates that he may be unable to effectively provide the necessary service.