| Farm Labor Exemption |
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| Several states exempt farm labor from operation of the state's workers' compensation statute. Though a farm employer may be exempt from compulsory workers' compensation participation, he is not precluded from voluntarily electing to do so. Once he does, the farmer is just like any other employer who can claim tort action protection pursuant to the workers' compensation exclusivity provision. More... |
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| Degrees of Disability and Corresponding Benefits |
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| Temporary Disability More... |
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| Social Security Disability Benefits Evaluation for Disabled Widows and Widowers and Surviving Divorced Spouses |
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| Social security disability is open to disabled widows and widowers as well as surviving divorced spouses of wage earners who died fully insured under the terms of the Social Security Act. Determining the eligibility of these individuals is a complex matter and requires the consideration of a multitude of factors. More... |
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| Avoiding the Employment Relationship |
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| In order to avoid the effects of the workers' compensation system, some employers will deliberately categorize a person as an individual contractor instead of an employee. Some individuals may even categorize themselves as individual contractors, preferring to reject the compensation system. Whether this categorization is successful, however, turns not just on the name given to the employment relationship. Rather, each relationship is examined on its own facts and will be decided based on the conduct exhibited between the parties as well as the work contract entered into between them. 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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