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# Workers Compensation

It's possible that an employee could contract a disease that arises from and in the course of employment but is not an occupational disease. For example, a heart attack, ulcers, or alcoholism are not considered to be occupational diseases, yet employment may have played a significant part in inducing any of them. Individual states treat this type of situation differently; some may award compensation and others may not.

Under Workers Compensation law, there are four types of disability: permanent total, permanent partial, temporary total, and temporary partial. The difference between permanent and temporary is as simple as their definitions â€?the disability will either last forever or it won't. However, the difference between total and partial depends upon the disabled person's ability to work. If a worker is disabled to the point where no job can be performed, he or she is deemed to have a total disability. On the other hand, if the worker is disabled but capable of performing some task (even if it's not the same as the previous employment), this condition is considered to be a partial disability.

A permanent total disability usually results in a complete and permanent loss of earning power, with no ability to perform any type of gainful employment. Many state compensation laws specify that certain injuries, such as the total loss of sight or loss of both hands or feet, constitute permanent total disability regardless of the insured's capacity to do some form of work.

A permanent partial disability generally refers to a permanent physical impairment that leaves the individual incapable of performing his or her original job, but results in only partial loss of earning ability since other jobs can still be performed. In other words, the employee may be able to perform some other type of work.

A temporary total disability usually refers to a total disability that lasts for a short period, after which the employee is fully able to return to work. For example, an individual strains his back while lifting a heavy box at work. After being in traction for four months he's able to resume his former job.

Finally, temporary partial disability usually refers to a temporary disablement that allows the employee to continue in the same job, but with a reduced capability. If the worker in the above example had only twisted his ankle, he would likely still be able to perform some of his regular duties at work.

State Workers Compensation laws are either compulsory or elective, with most being compulsory. This means that the employer must accept and comply with all of the provisions of the law. Conversely, if the state law is elective, then both the employer and employee have the option of either accepting or rejecting the law.

Some state Workers Compensation laws are deemed compulsory for some specific types of work and elective for others. However, if an employer chooses to reject an elective Workers Compensation law, the employer is denied any rights provided under the law, and loses use of most pro-employer law defenses as well.

It's important that everyone be aware of their own state's Workers Compensation provisions. More detailed information can be found at the U.S. Department of Labor's website and at WorkersCompensation.com.

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