David I. Fallk

Workers Compensation

Injury From Usual Exertion or Exposure Concept
"Injury From Usual Exertion or Exposure" Concept) More...
Exclusiveness of Compensation Remedy
One of the hallmarks of workers' compensation is its exclusivity as a remedy for the injured worker. With exception, when an employee suffers an injury in the course of his employment, his remedy will only be by way of the workers' compensation system. Workers' compensation, therefore, trumps all other remedies including those under common-law tort, statutes, and contracts. The exclusivity of workers' compensation, though challenged, has continually been found to be constitutional. More...
Longshore and Harbor Workers' Compensation Act
The Longshore and Harbor Workers' Compensation Act is a federal law that provides medical, disability, and death benefits for longshoremen, harbor workers, and other marine employees who are injured or killed in the course of their employment. The Act is administered by the Office of Workers' Compensation Programs of the Employment Standards Administration of the United States Department of Labor. More...
Acts Benefiting Employee
When an employee undertakes an activity that is outside his regular or established duties, the question arises whether an injury resulting from such activity was incurred during the course of his employment. Though compensation is not altogether likely when the act benefits the employee, there are instances where it is possible for an employee to recover workers' compensation benefits. With respect to self-improvement activities, courts have allowed compensation where the employee was injured while attempting to register for a vocational class. The decision hinged on the fact that the vocational education was called for in the contract for hire. Additionally, an employee required by his union to take educational courses, which were paid for by the employer, was allowed compensation. More...
Workers' Compensation and Third Party Actions
Avoiding a Double Recovery) More...

Areas of Practice

  • Auto Accidents
  • Discrimination
  • Dog Bites
  • Elder Law
  • Employment Law
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