Worker's Compensation Defense
Since every employee, by definition, must work for some employer, when there is a dispute over the benefits or the injury itself, these two primary entities find themselves in conflict within the system. These controversies are thereafter resolved through either negotiation or trial, and the practice of representing the employer side is referred to as workers’ compensation employer defense.
- Workers’ compensation – Representing employees who have been injured on the job.
- Personal injury – Representing people who have been injured due to the careless or reckless acts of other individuals or parties.
- Workplace discrimination – Representing people who have experienced discrimination or harassment at work.
Since every employee, by definition, must work for some employer, when there is a dispute over the benefits or the injury itself, these two primary entities find themselves in conflict within the system.
Contact our State Attorney Law Firm with your questions, comments or concerns.
Volunteer Firefighters and Ambulance Workers
Individual and group personal accident policies can be extended to cover medical expenses incurred in the treatment of an accident covered under the policy, subject to a limit of 10% of the sum insured or 40% of the death / disability compensation claim payable, on payment of additional premium.
The policy issued to Indian personnel working in foreign countries on civilian duty can be extended to cover War risk on payment of additional premium. The policy can also be restricted to cover Personal Accident risk during duty hours only or during off-duty hours only with discount in premium. It is also possible to issue group P.A. policy excluding the death benefit subject to a group life policy covering death benefit being taken for the same group of persons for the same policy period. Any adult residing in India can take the policy covering himself / herself and dependent family members between the ages of 5 and 70yrs.
Subrogation and Arbitration
The doctrine of subrogation can also pass proprietary rights such as a security interest or claim to ownership of goods. If a work of art is stolen, and the insurance company pays out under a policy of insurance to the owner and the art is later recovered, the art will belong to the insurance company under rights of subrogation.
In each case, the basic premise is that where one person (i.e. typically an insurer or a guarantor) makes a payment on an obligation which is the primary responsibility of another party, the person making the payment is subrogated to the claims of the person to whom they made the payment with respect to any claims or remedies which are exercisable against the primarily responsible party.
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Liability and Third-Party Defense
In many areas where subrogation arises as a matter of law, subrogation may be limited under the terms of the relevant contract. For example, in a contract of guarantee, the guarantee will often provide that the guarantor waives the right of subrogation or agrees not to exercise it unless the bank has been paid in full. In an insurance contract, in addition to right of subrogation at law, there will often be a right of subrogation bolstered by the insured party's agreement that the party will provide all necessary assistance to the insurance company in pursuing any subrogated claims.
In many areas where subrogation arises as a matter of law, subrogation may be limited under the terms of the relevant contract. For example, in a contract of guarantee, the guarantee will often provide that the guarantor waives the right of subrogation or agrees not to exercise it unless the bank has been paid in full.
Contact our State Attorney Law Firm with your questions, comments or concerns.
