The Blog of lawyerronaldmcanter

ATTORNEY RON M. CANTER The Federal Employment Compensation Act provides workers compensation for non-military, federal employees. Many of its provisions are typical of most workers comp claim settlement laws. Awards are limited to "disability or death" sustained while in the performance of the employee's duties but not caused willfully by the employee or by intoxication. The act covers medical expenses due to the injury or disability and may require the employee to undergo job / work retraining. A disabled employee receives two thirds of his or her normal monthly salary during the disability and may receive more for permanent physical injuries, or if he or she has dependents. The act provides compensation for survivors of employees who are killed. The act is administered by the Office of Workers' Compensation Programs.
RONALD M. CANTER LAWYER Statutory compensation in the United States
Workers' compensation laws were enacted to reduce the need for litigation, and to mitigate the requirement that injured workers prove their injuries were their employer's "fault". The first state law was passed in Maryland in 1902, and the first law covering federal employees was passed in 1906. By 1949, all states had enacted some kind of workers' compensation regime.
Such schemes were originally known as "workman's compensation," but today, most jurisdictions have adopted the term "workers' compensation" as a gender-neutral alternative.
In the United States most employees who are injured on the job have an absolute right to medical care for that injury, and in many cases, monetary payments to compensate for resulting temporary or permanent disabilities.
RON M. CANTER LAWYER The job of an attorney
Once admitted to practice by the highest court of a state (a function sometimes administered by the state's bar association), an American attorney may file legal pleadings and argue cases in any state court (federal courts usually require separate admission), provide legal advice to clients, and draft important legal documents such as wills, trusts, deeds, and contracts.
In some states, real estate closings may be performed only by attorneys, even though the attorney's role in a closing may involve primarily notarization of documents and disbursement of settlement funds through an escrow account.
Practicing law includes interviewing a client to identify the legal question, analyzing the question, researching relevant law, devising legal solutions to problems, and executing such solutions through specific tasks such as drafting a contract or filing a motion with a court.
Most academic legal training is directed to identifying legal issues, researching facts and law, and arguing both the facts and law in favor of either side in any case.
For several years, law schools have sent through far more students than new job openings have become available. This has often lead to attorneys (once they pass the bar) seeking work in other occupations, either by choice or by the lack of employment opportunities. This has led to a market in legal temps or contract attorneys, where attorneys spend a certain period of time working on tasks such as discovery for a case.
ATTORNEY RON M. CANTER Workers' Compensation in the U.S. began in 1911 during the Progressive Era when Wisconsin passed the first statutory system. Other U.S. jurisdictions followed suit. In general, statutory Workers' Compensation systems strike a compromise, guaranteeing workers medical care and payment for lost time on a no-fault basis. Prior to the enactment of Workers' Compensation laws, injured workers had to file suit against employers (usually for the tort of negligence), and such legal actions had significant drawbacks for workers. At the same time, a successful suit could impose very large and unpredictable costs on an employer. Statutory Workers' Compensation systems provide for prompt payment of medical, rehabilitation, and lost time costs to injured workers, while placing limits on the cost of the system for employers. This trade-off became known as the "workers' compensation bargain"; that is, the worker traded his/her right to bring a tort suit against their employer in exchange for prompt medical care and disability payments (indeminity payments). Thus workers compensation is the original "Tort Reform."
LAWYER RONALD M. CANTER
ATTORNEY RONALD M. CANTER
RONALD M. CANTER

Older U.S. terminology and non-U.S. terminology
In common law jurisdictions outside the United States (e.g., England, Canada, Australia), attorney is incorrect as a general term, and lawyer, barrister, or solicitor is used instead. In these areas, the specific terms Crown attorney, power of attorney, and Attorney General, are also used. In intellectual property, the term patent attorney is commonly used.
In earlier times, some states, as well as the U.S. Supreme Court, maintained a divided legal profession, as can still be found in the United Kingdom, consisting of attorneys (who practised in courts of Law), solicitors (who practised in courts of Equity ) and barristers, also known as counsel, whom solicitors and attorneys instructed to appear in the higher courts. In deference to this practice, when an attorney at law is admitted to practice in some states, his or her certificate of admission bears the title Attorney and Counselor-at-Law in recognition of his inheritance of both of these roles.

RON M. CANTER
RON M. CANTER ATTORNEY: Workers' compensation (colloquially known as workers' comp in North American English or compo in Australia) provides insurance to cover medical care and compensation for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the workers compensation system is known as "the compensation bargain". While plans differ between jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance). General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in worker compensation plans.

LAWYER RON M. CANTER
In the vast majority of states, workers' compensation is solely provided by private insurance companies. 12 states operate a state fund (which serves as a model to private insurers and insures state employees), and a handful have state-owned monopolies. To keep the state funds from crowding out private insurers, they are generally required to act as assigned-risk programs or insurers of last resort, and they can only write workers' compensation policies. In contrast, private insurers can turn away the worst risks and can write comprehensive insurance packages covering general liability, natural disasters, and so on. Of the 12 state funds, the largest is California's State Compensation Insurance Fund. The federal government pays its workers' compensation obligations for its own employees through regular appropriations



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