The Law Offices of Ira S. Newman


Workers Compensation

Workers' Compensation
Workers' compensation is an employer-provided benefit that exists to aid an employee or his dependents in the event that the employee is injured or killed on the job. Workers' compensation is governed by each state's laws, but the general consensus is that eligibility for such benefits turns on whether the employee suffered an accidental injury that arose out of and in the course of his employment or an occupational disease. More...
Jones Act of 1920
The purpose of the Jones Act of 1920, also known as the Merchant Marine Act, is to provide compensation for seamen who have been injured in the course of their employment. Like the Federal Employers' Liability Act for railroad workers, the Jones Act is an alternative to traditional workers' compensation statutes. The Jones Act allows an injured seaman to pursue a negligence action against his employer for money damages that represent, among other things, lost wages, pain and suffering, and emotional distress. Should the injury result in the seaman's death, the Jones Act also authorizes an action by the seaman's personal representative, with any damages recovered going to the seaman's spouse, children, or parents as the case may be. More...
Immunity From Third Party Actions
When a worker is injured during the course of his employment, he may sometimes seek a common law recovery from the third party whose action or inaction caused the injury. Depending upon the jurisdiction, immunity from such a third party action may be extended to the employer or co-employees. More...
Assignment of Employee's Action Against Third Party
When an employee is injured in the course of his employment and thereby entitled to bring a cause of action against a third party, the right to pursue such action can be assigned to the employer or its workers' compensation carrier. The key to assignment in many jurisdictions is the actual payment of workers' compensation, while other states require a "claim" for compensation. Once the requisite criterion is satisfied, the employer is subrogated to all the rights of the employee. More...
Military Service and Social Security Benefits
An individual serving in the military pays Social Security taxes just as civilian employees do. For 2004, when a person earns $ 3,600 they have earned one year of work credit toward qualification for social security benefits. The benefit amount that a person receives is tied to the amount of his earnings, which are averaged over his working lifetime. More...

Areas Of Practice

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Ira S. Newman
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