| Disability Under the "Odd-Lot" Doctrine |
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| The "odd-lot" doctrine is an avenue by which a worker may be found to be totally disabled based on unemployability rather than just the degree to which he is injured. It provides that, although a worker is not completely unable to work, his condition is such that he will not be regularly employed in any reasonably stable area of the labor market. The hallmark of placement in the "odd-lot" category is a job prospect that is irregular and unpredictable. More... |
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| Employer Misconduct |
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| Exclusivity Rule More... |
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| Injured Employee's Recovery Election |
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| Historically, when an employee was injured in the course of his employment, but at the hands of a negligent third party, he was technically able to pursue relief through both the workers' compensation system and a third-party action. Though not able to receive a double recovery, the employee was technically eligible to recover under either theory. However, strict election rules required that he choose which theory of recovery he would pursue, even if his "choice" ultimately left him with no compensation at all. For example, the injured employee elects to proceed with a third-party action, thereby foregoing workers' compensation, but ends up losing the third-party action. More... |
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| Casual Employment |
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| Many states apply an exemption to the workers' compensation system for "casual" employment, although the majority also requires that the employment not be within the employer's regular course of business. As to the majority's additional requirement, it is important to note that no matter how brief or irregular the employee's work may be, if it falls within the employer's regular course of business he will be covered by workers' compensation. In some states, the casual employee exemption has been specifically denied. More... |
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| Workers' Compensation |
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| Workers' compensation is an employer-provided benefit that exists to aid an employee or his dependents in the event that the employee is injured or killed on the job. Workers' compensation is governed by each state's laws, but the general consensus is that eligibility for such benefits turns on whether the employee suffered an accidental injury that arose out of and in the course of his employment or an occupational disease. More... |
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