Rosenberg & Rosenberg, P.A - Untitled 1

Employee Misconduct

Fault in Workers' Compensation

Generally, workers' compensation is a no-fault system that provides an employee with benefits for work-related injuries and illnesses without reference to an employee's negligent...

Recovery of Costs, Attorney's Fees, and Interest in Workers' Compensation Actions

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...

Fault of Employee

A core principle within the area of workers' compensation is that the question of "fault" is largely irrelevant. It is only when the employee's "fault" in connection with the injury is occasioned by him leaving the course of employment or is a...

Procedure under the Black Lung Benefits Act

To recover benefits under the Black Lung Benefits Act, a miner, his surviving spouse, or his surviving dependents must file a claim with the appropriate government office, usually a Social Security or Labor Department office. From the date that...

Uninsured Contractor

Some employers may seek to avoid workers' compensation liability by using contractors to perform work that would normally be performed by the employer's own employees. The reasoning is that employers are responsible only for the workers'...