| Loss of Hearing as an Occupational Disease |
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| Occupational hearing loss is a prevalent condition in workers employed in noisy environments such as factories and repair shops. Several states recognize the gradual loss of hearing as a compensable condition and such recognition has also taken place under the Longshore and Harbor Workers' Compensation Act. Generally, a six-month waiting period is required prior to the filing of a hearing loss claim and the employee must be removed from the noisy environment for that time frame. The degree of impairment is generally based on speech frequencies with points ranging between total deafness and no compensable deafness. The improvement in hearing with the use of a hearing aid is not accounted for.More... |
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| Medical Benefits |
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| A key feature of the workers' compensation system is that it provides medical benefits for the injured worker. The medical benefits provided to eligible employees include those for medical services, medicine, and medical equipment or accouterments such as hearing aids and other medical devices. In addition to these benefits, the cost of travel in order to obtain the necessary medical care is reimbursable. In most jurisdictions, the receipt of such benefits is not limited to a specified time frame or capped at a specified amount. Although the employer is responsible for payment of the injured worker's medical and hospital benefits, it is the employee who generally chooses his medical provider. However, some states mandate that the employee choose from an authorized panel of providers or even that it is the employer's prerogative to choose a physician for the employee.More... |
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| Representation and the SSDI Process |
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| When a claimant seeks social security disability benefits, he may select an individual to represent him in that endeavor. The representative may act on the claimant's behalf at all levels of the administrative proceedings. However, accepting the representation responsibilities does not entitle the representative to a fee for his services absent approval by the Social Security Administration (SSA).More... |
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| Effect of Incarceration on Social Security Benefits |
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| An individual who resides in a penal institution such as a jail or prison for a full calendar month can no longer receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits. Individuals who are incarcerated must notify the Social Security Administration (SSA) of their changed status with respect to the incarceration. Payments that are received in the face of a jail term lasting longer than a month will be considered overpayments and must be repaid. Though a prisoner's social security benefits are suspended while he remains incarcerated, the payment of benefits to his eligible family members will be unaffected. With respect to SSDI benefits, individuals who are in jail awaiting trial will continue to receive their benefits until such time that they are convicted.More... |
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| Recovery of Costs, Attorney's Fees, and Interest in Workers' Compensation Actions |
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| Generally, parties in workers' compensation actions are responsible for their own attorney's fees and costs. The amount of attorney's fees that can reasonably be charged to a claimant in pursuing his claim for benefits is specifically outlined in many state statutes. For example, some states will cap attorney's fees at a specified dollar amount; others will cap such fees at a designated percentage of the amount recovered as benefits by the claimant. More... |
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