Workers Compensation Newsletters

Consequences of Injury in Course of Employment

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.

Contract of Hire

For the workers' compensation obligation to be triggered, most state workers' compensation statutes require that the injured worker's employment be pursuant to a contract of hire. Such a contract, which can be either express or implied, is required because the workers' compensation system is based on reciprocal rights. The employee gains a measure of certainty in the recovery for his injury without resorting to litigation and the employer gains a cap on the amount that must be paid in the event an employee is injured.

Immunity From Third Party Actions

When a worker is injured during the course of his employment, he may sometimes seek a common law recovery from the third party whose action or inaction caused the injury. Depending upon the jurisdiction, immunity from such a third party action may be extended to the employer or co-employees.

Pre-Employment Injuries

Generally, compensation will be denied for injuries incurred prior to an employee being actually hired. However, courts have tended to reject form over substance and allowed compensation when the employee was hired though he had not finished the full hiring process such as completing the employer's business paperwork like payroll and tax forms. Compensation turns on whether a contract of hire has been entered into between the employer and potential employee -- an express or implied contract will suffice.

Work Incentives for Supplemental Security Income Beneficiaries

The Social Security Administration's work incentives program was instituted to help disabled individuals take advantage of employment opportunities and thereby gain a measure of independence. Special rules were designed to reduce the risk that a disabled or blind Supplemental Security Income (SSI) beneficiary who chose to work would lose their SSI or Medicaid benefits.