Workers Compensation Law
The paper contains an in-depth explanation of Workers' Compensation Law in light of various court cases. The terminology implies a payment given to employees by their employers for a portion of the cost of damages, injuries or occupational diseases. The magnitude of this responsibility upon the employer varies in different countries and states of United States. Most of the worker's compensation systems today, comprise of a proper legislation requiring the employer to provide an adequately safe workplace with suitable and durable equipment, along with a set of proper safety rules and instructions where necessary, under the supervision of admissibly competent foremen and superintendents. In the process, an employer is legally responsible for the employee's act of negligence, as well as for his own negligence and for the extraordinary risks of work. Mostly the employer is not responsible for accidents occurring outside the workplace or for those the firm…...

mla

References:

Workers Compensation Law, Columbia Encyclopedia, Sixth Edition, 2005 retrieved online on 27 October 2005 at  http://www.encyclopedia.com/html/w1/workersc.asp 

Virginia Reno, Cecili Thompson Williams and Ishita Sengupta, Winter 2003, Workers' compensation, Social Security Disability Insurance, and the offset: a fact sheet, Social Security Bulletin.

Peter M. Lencsis, 1998, Workers Compensation: A Reference and Guide, Quorum Books, Westport, CT, page 5.

Teresa Anderson, November 1997, Worker's Compensation, Security Management, Volume: 41, issue: 11,-page 89

For instance, any retraining measures should focus primarily on the Medical Provider Network and the Independent Medical Evaluator as these issues will be where a majority of client questions will come in. When a potential client calls with a question regarding getting medical treatment for a work injury, a staff member must be capable of both providing accurate information and in convincing the caller that professional legal services are needed. To do this, all staff involved in the workers' compensation process must be trained on the new rules and policies and procedures of Senate ill 899.
Penalties for Noncompliance

In order to limit corruption and profiting from the system, Senate ill 899 has included strict compliance regulations and stiff penalties for noncompliance. Thus, staff training becomes even more important. Training a legal assistant or associate attorney in compliance and giving them the job of compliance assurance will be beneficial as the…...

mla

Bibliography

California Division of Workers' Compensation. (2005): "Workers' Compensation Reforms Under Senate Bill 899: First Annual Report of Progress. www.dir.ca.gov/dwc/SB899/SB899Review2005.pdf.

Nuckols, Teryl K. And Barbara O. Wynn. (2005): Evaluating Medical Treatment Guideline Sets for Injured workers in California. RAND Corporation.

Pace, Nicholas, Galway, Lionel and Robert Reville. (2003): Improving Dispute Resolution for California's Injured Workers. RAND Corporation.

Peterson, Mark a., Berth, Peter S., Reville, Robert T. And Rachel K. Stern. (2005): Compensating Permanent WorkPlace Injuries: A Study of the California System. RAND Corporation.

.. society should bear the burden of any misfortunes." (Review guide for the CRC examination: Workers Compensation). Thus, according to this review guide, worker's compensation emerged to treat industrial accidents as predictable costs shared by all consumers regardless of fault. It replaced a failed legal system where employers had once successfully defended themselves against workers' law suits using various common law defenses that made them virtually immune from legal responsibility. The first successful state law was passed by Wisconsin in 1911, giving employers the choice of participating in workers' compensation or not, but if they chose not to participate they were denied the use of common law defenses in law suites (Review guide for the CRC examination: Workers Compensation).
ibliography

Review guide for the CRC examination: Workers Compensation. http://luna.cas.usf.edu/~rasch/wcomp.html

Schwartz, M.W. Defining the purpose of worker's compensation. http://www.helium.com/items/16281-defining-the-purpose-of-workers-compensation...

mla

Bibliography

Review guide for the CRC examination: Workers Compensation. http://luna.cas.usf.edu/~rasch/wcomp.html

Schwartz, M.W. Defining the purpose of worker's compensation.  http://www.helium.com/items/16281-defining-the-purpose-of-workers-compensation

WOKE COMPENSATION AND WONGFUL TEMINATION 1Worker Compensation and Wrongful TerminationCase Scenario 1Georgias case presents several ethical and legal issues related to employment. Title VII of the 1964 Civil ights raises legal issues related to racial discrimination and retaliation at the workplace. Title VII covers all employers with at least fifteen employees and makes it unlawful for an employer to discriminate against an employee on the basis of national origin, gender, religion, color, or race (Fleischer, 2018). The scenario company has fifteen employees, which makes it eligible for Title VII coverage. Further, despite working mostly from home, Georgia qualifies as an employee given that she is included in the companys payroll (Fleischer, 2018).Georgias boss joke about calling Immigration and Customs Enforcement Officers (ICE) if a customer uses the app from a location around Trumps building could be categorized as disparate treatment discrimination under Title VII (Fleischer, 2018). Disparate treatment discrimination refers…...

mla

References Aamodt, S. G. (2022). Industrial/Organizational Psychology – An Applied Approach (9th ed.). Belmont, CA: Cengage Learning. Fleischer, S. (2018). Essential Guide to Employment Law: A Handbook for HR Professionals, Managers, Businesses, and Organizations. New York, NY: SHRM. New York Commission on Human Rights (2019). Legal Enforcement Guideline on Discrimination on the Basis of Immigration and National Origin. Author. Retrieved from   R., & Holmes, A. (2012). Cases and Materials on Employment Law (9th ed.). Oxford, UK: Oxford University Press. https://www1.nyc.gov/assets/cchr/downloads/pdf/publications/immigration-guidance.pdf Painter,

Other acts include the Federal Employment liability Act, the Marchant Marine Act and the Longshore and Harbor Workers' Compensation Act.
There are also workers compensation acts that are geared towards problems associated with illnesses or health concerns that have arisen from working in certain industries. One example of this is the Black Lung Benefits Act. This particular act provides compensation for miners who acquire www.nlm.nih.govPneumoconiosis a lung disease that develops over time as a result of ingesting coal, graphite, or man-made carbon dusts (Coal worker's pneumoconiosis). This particular act ensures that mine operators compensate workers in the form disability payments and creates a fund managed by the Secretary of Labor (Workers Compensation). The fund is responsible for supplying disability payments to miners in cases where the mine operator is not known or does not have the ability to pay (Workers Compensation).

As you can see worker's compensations takes on many different…...

mla

References

Coal worker's pneumoconiosis. Retrieved February 18, 2008 from;  http://www.nlm.nih.gov/medlineplus/ency/article/000130.htm 

Insurance Glossary. Retrieved February 18, 2008 from;  http://www.kanetix.com/glossary-of-insurance-terms 

United States Department of Labor, Workers Compensation. Retrieved February 18, 2008 from;  http://www.dol.gov/dol/topic/workcomp/ 

Workers Compensation. Retrieved February 18, 2008 from;  http://www.law.cornell.edu/wex/index.php/Workers_compensation

The IRS may also impose a 10% excise tax or a maximum of $10,000 on an officer who knowingly entered into a transaction (Samuels and Shoretz).
When this happens, the official endeavors to enter a rebuttable presumption that the compensation and benefits are reasonable (Samuels and Shoretz 2002). The board of directors or trustees must approve the three criteria for the rebuttal. In the first, the board must be composed entirely of members unrelated to and not beholden to the officer in question. In the second, the board must possess reliable data, comparing its compensation level with those of other organizations in similar situations. This is intended to lead the board to make sure the officer's compensation has comparable fair-market value with others in the geographical area. The data may be secured form reputable and independent surveys and the third requires the adequate documentation of the fixed compensation as its…...

mla

BIBLIOGRAPHY

Auld, H.M. (2002). Better salaries, master's degrees and competition. 2 pages. Library Administrator's Digest: BCPL Foundation. Retrieved on September 24, 2008 from  http://findarticles.com/p/articles/mi_qa3850/is_200212/ai_n9154776?tag=content;col1 

Dagan, D. (2005). Lawyers required in claims disputes. 3 pages. Central Penn Business

Journal: Journal Publications, Inc. Retrieved on September 24, 2008 from  http://findarticles.com/p/articles/mi_qa5295/is_200502/ai_n24294898?tag=content;col1 

DeCarlo D.T. (2001). Illegal employment. 2 pages. Risk Insurance: Axon Group.

" In principle, that means that injured employees need not sue their employers for compensation for their injuries or to prove that they were the employer's fault. On one hand, that also limits the total amount of recovery to which they are entitled but it guarantees recovery to millions of workers without the need to engage in legal disputes that could result in no award or that could delay any award for a long time.
Setting Rates for Businesses

The New York State Workers Compensation Board utilizes several different mechanisms to set compensation rates. According to the Average Weekly Wage (AWW), total disability benefit rates for most claimants is calculated based on the value of one week's average annual earnings as reflected in data from the prior year's payroll. According to the AWW for disability benefits claims, calculations are based on the earning of the disabled employee during the eight weeks preceding…...

Many have had to sell to larger competitors or exit the business entirely, with the owner of ockwell's selling to an investment group which manages small, independent cafes and restaurants. The bottom line is that the high cost of worker's compensation is forcing many employees to quit offering healthcare or risk not being able to stay in business. This supports the empirically-derived research that states workers' compensation is the only healthcare system for millions of Americans (Lakdawalla, eville, Seabury, 2007). For small business owners resolving the ethical dilemma of hiring undocumented workers on the one hand to keep labor costs down but still paying worker's compensation insurance, especially in California, on the other, have had the net effect of reducing the employment rate.
Conclusion

All of these factors point to the need on the part of small business owners to aggressively manage safety practices and minimize accidents as much as possible.…...

mla

References

Darius N. Lakdawalla, Robert T. Reville, & Seth A Seabury. (2007). HOW DOES HEALTH INSURANCE AFFECT WORKERS' COMPENSATION FILING? Economic Inquiry, 45(2), 286-303.

Nhat Thanh Tam Nguyen, & Brian H. Kleiner. (2005). The Role of California's Department of Industrial Relations. Management Research News, 28(2/3), 23-33.

J Tim Query. (2006). Workers' Compensation for Undocumented Workers: A Discussion of the Regulatory Complexities. Journal of Insurance Regulation, 25(2), 3-19.

Paralegal Specialties
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.

Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).

Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.

Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They may prepare informative or…...

mla

References

Bevans. (2009). Tort law for paralegals. New York: Aspen

Paralegals. (2011). Bureau of Labor Statistics (BLS). Retrieved February 24, 2011 at  http://www.bls.gov/oco/ocos114.htm

Maryland Labor Laws
INTRODCUTION

A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.

This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws that are pertinent…...

mla

Works Cited

Aitken, R. (1993). Human Resources Planning: Issues and Methods. Department of Population and International Health, Harvard University, July 1993. Retrieved from  http://www.hsph.harvard.edu/ihsg/publications/pdf/No-1.PDF 

Boudreau JW & Ramstad PM (2006). "Talentship and Human Resource Measurement

and Analysis: From ROI to Strategic Organizational Change," Human Resource

Planning, 29(1).

Personnel Law and Regulation
Workers Compensation Rehabilitation

For nearly 100 years, the system of Worker's Compensation has been used in the United States. Worker's Compensation is legislated and administered at the state level. Accordingly, each state has passed their own laws and developed their own system to administer Worker's Compensation within their jurisdiction. Despite the differences of each state's benefits, the overall concept of Worker's Compensation is used in each state.

The model of Worker's Compensation is simple. Employees loose their right to sue their employer for negligence, and employers are required to provide Worker's Compensation to their employees. Specific benefits vary from state to state. All state systems provide some form of protection for employees who are hurt while working.

Prior to the adoption of Worker's Compensation, the previous system required an employee to file a lawsuit against their employer. This proved to be ineffective and problematic. For example, an employee was injured…...

mla

Bibliography

Job Got You Stressed?" Health Beat Magazine, February 28, 1995. Pages 50-51

Adams, John D. "Creating and Maintaining Comprehensive Stress-Management Training" Stress Management in Workplace Settings, Praeger Publishers: New York (1989)

Bloch, Frank S. (Editor), Prins, Rienk (Editor) (2001). Who Returns to Work & Why?: A 6 Country Study on Work Incapacity & Reintegration (International Social Security Series, V. 5). Somerset, NJ: Transaction Publications

Clay, Rebecca A., "Job-stress Claims Spin out of Control," American Psychological Association Monitor, July 1998, pgs. 52-55.

Verizon Compensation Strategy
Compensation Practice

Verizon Communications is a publicly traded company registered in the United States as a telecommunications and broadband company. It trades under the name Verizon. It is a market leader in the telecommunications industry and strives to provide excellent services that satisfy consumers. Worker compensation has always been an important aspect of Verizon's overall strategy to keep employees motivated and provide excellent service to consumers. In 2010, the company did a review of their compensation strategy with the aim of improving it. The 2010 compensation decisions, designed by a committee and approved by shareholders, took effect in 2011.

Briefly describe the company you researched, its compensation strategy, best practices they are applying, and compensation-related challenges they are facing.

Verizon's compensation strategy is founded on providing fair compensation to its employees. All of Verizon's employees get a base salary that is pegged on market rates and incentives are pegged on individual…...

mla

References

Cheng, Q., & Farber, D.B. (2008). Earnings Restatements, Changes in CEO Compensation, and Firm Performance. The Accounting Review, 83(5), 1217-1250. doi: 10.2307/30243544

Tosi, H.L., & Greckhamer, T. (2004). Culture and CEO Compensation. Organization Science, 15(6), 657-670. doi: 10.2307/30034768

Williams, M.L., McDaniel, M.A., & Ford, L.R. (2007). Understanding Multiple Dimensions of Compensation Satisfaction. Journal of Business and Psychology, 21(3), 429-459. doi: 10.2307/30221746

Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some do. Due to the freedom to engage in 'private pursuits', employers may monitor when a virtual employee logs onto his or her computer and may require that he or she get permission before working overtime (Gabel & Mansfield 2003, 316). Only by fully understanding the FLSA and the legislation that has evolved from its implementation, can Human Resource professionals be certain to obey the regulations and not compromise their organization.

Discrimination:

In addition to the monitoring of ever-changing compensation laws, Human Resource professionals must also be well versed in discrimination legislation as well. The Civil Rights Act of 1964, one of them of the most important pieces of discrimination legislation created, was originally…...

mla

Bibliography

Affirmative Action. (12 Oct. 2004). Online. Available at   15 October 2004].http://en.wikipedia.org/wiki/Affirmative_action [accessed

Crampton, Suzanne M., Hodge, John W., Mishra, Jitendra M. "The FLSA and Overtime Pay." Public Personnel Management 32, no. 3 (Fall 2003): 331-354. Database online. Available from ProQuest database.

DeLeire, Thomas. "The Wage and Employment Effects of the Americans with Disabilities Act." Journal of Human Resources 35, no. 4 (Fall 2000): 693-715. Database online. Available from Business Source Premier database.

EEO Poster. (No date). Online. Available at   11 Oct. 2004].http://www.dol.gov/esa/regs/compliance/posters/pdf/eeopost.pdf [accessed

NJ Fails Injured Workers
What is your reaction to the fact that many WC cases are rescheduled twelve or more times before settling? What is the impact of those delays on the injured workers?

The Workers Compensation system in New Jersey is clearly not effectively dealing with workers cases in a timely manner. The stories cited are heartbreaking; like John DeJulio who had to wait three years before getting a needed knee replacement, Andrew Mathis who was forced to wait so long for any kind of relief that he lost his house and was forced to move in with his family, and Joseph DelDuca who actually became so frustrated with his long wait that he took it upon himself to drive his pickup truck through the glass doors of his local unemployment office (Martin, 2008). There are many more cases that are similar to these that do not get media attention…...

mla

References

Martin, J. (2008, June 12). How Jersey Fails Injured Workers. Retrieved from New Jersey:  http://blog.nj.com/ledgerarchives/2008/06/how_jersey_fails_injured_worke.html

Compensation and Benefits: The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA)

The FMLA came into effect on 5th August, 1993. The Wage and Hour Division of the U.S. Department of Labor (DOL) is responsible for its administration. The law covers all employees in the state, including those in the private sector and a majority of those in the congressional and federal sectors. The law entitles "eligible employees of covered employers to take up to 12 weeks of unpaid leave per year," in order to attend to specified medical and family issues (AFSCME, 2013). This could extend to 26 weeks, over the same period, in cases that involve serious illness or injury. The decision as to when the one-year period should actually begin is dependent on the employer and the policy of the organization. In the past, the FMLA has been amended a number of times to expand…...

mla

References

AFSCME. (2013). The Family and Medical Leave Act. AFSCME. Retrieved from  http://www.afscme.org/members/education-and-trainings/education-resources/fact-sheets/the-family-and-medical-leave-act-fmla 

American Society of Employers. (2012). 2013 Employment and Labor Law Legislation. American Society of Employers. Retrieved from  http://www.aseonline.org/ResearchbrnbspServices/EmploymentandLaborLawLegislation.aspx 

United States Department of Labor. (2013). Family and Medical Leave Act. United States Department of Labor. Retrieved from  http://www.dol.gov/WHD/fmla/2013rule/