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Domestic Servant Exemption

Workers' compensation coverage for domestic servants is limited. Such limitation is generally based on the exclusion for part-time employees or the statutory exemption for employers with less than the requisite minimum number of employees. Many states specifically exclude domestic servants from workers' compensation coverage. Others omit to place domestic servants on the list of covered employments. However, almost half of the states provide at least a measure of coverage for those employed as domestic servants.

Evidence in Workers' Compensation Administrative Proceedings

Workers' compensation administrative proceedings are considered less formal than their judicial counterparts, due in large part to the treatment of evidence. Though the procedural aspects are more relaxed than in a judicial proceeding, the parties are entitled to the strict observation of procedural due process.

Obtaining Workers' Compensation Benefits

Obtaining Workers' Compensation Benefits

Violation of Law or Commission of Crime

As a general rule, an employee is not necessarily withdrawn from workers' compensation eligibility if he is injured while violating a law or committing a crime in furtherance of his job duties. Most often, the violation of a law or commission of a crime will affect an employee's receipt of benefits if, in the applicable state, it constitutes "wilful misconduct" or is the subject of its very own statutory provision giving a defense to the employer. The violation of a statute does not ipso facto equal "wilful misconduct." Rather, flagrancy and knowledge on the part of the employee are generally required for an act to rise to the level of "wilful."

Workers' Compensation & SSDI

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