Michael J. Schulte
Attorney at Law

Workers Compensation

Compensation for Black Lung Claims
The Black Lung Benefits Act covers total disability claims of United States' miners suffering from pneumoconiosis (aka black lung disease), which was contracted due to their employment. Such miners are awarded monthly cash benefits as well as medical benefits. Payments to dependent survivors are also provided for in the Act and include the surviving spouse, children, and dependent parents and siblings. More...
Payment for Representation of a Social Security Claimant
A social security claimant may choose to be represented by a third party in his dealings with the Social Security Administration (SSA). If the third party accepts the role of "representative" on behalf of the claimant, he is prohibited from charging the claimant a fee without prior authorization from the SSA. This holds true even if the claim is denied. To obtain approval from the SSA, the representative must use either of two fee authorization processes. More...
Compensation for longshore, harbor, and maritime workers
The LHWCA provides medical benefits, compensation for lost wages, and rehabilitative services. Additionally, should an employee suffer a fatal injury, the LHWCA provides for survivor benefits and the payment of reasonable funeral expenses. Eligible survivors include not only spouses and children, but also siblings, parents, grandparents, and grandchildren. However, the existence of a widowed spouse and child would preclude the receipt of benefits by the other beneficiaries. More...
Waiver of Limitations Period for Notice of Injury and Claim
As a general rule, if an injured employee fails to either provide timely notice of his injury or file a timely claim for workers' compensation, he will be denied benefits. However, in some instances, the employer or its insurance carrier may waive the limitations periods. For example, if an employer has actual knowledge of the employee's accident and resulting injury, the employer may be said to have waived formal notice of the injury. Likewise, if the employer voluntarily makes compensation payments to the employer, he may be deemed to have waived the requirement that the employee file a claim. More...
Nonprofit and Charitable Employers
Nonprofit and charitable employers are not treated the same in every state for purposes of workers' compensation. Some states expressly exclude them from the operation of the workers' compensation statute while others expressly include them or neglect to address them at all. Despite this, the majority of jurisdictions hold that nonprofit and charitable employers are, in fact, subject to the workers' compensation system. Such employers may include churches and synagogues, educational institutions, charitable organizations such as the Salvation Army that are designed to aid the community, and the like. More...

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Michael J. Schulte
Attorney at Law
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