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Dictionary of Law |
Workers' Compensation Acts :: legal definitionWorkers' Compensation Acts - n. state statutes which establish liability of employers for injuries to workers while on the job or illnesses due to the employment, and requiring insurance to protect the workers. Worker's compensation is not based on negligence of the employer, but is absolute liability for medical coverage, a percentage of lost wages or salary, costs of rehabilitation and retraining, and payment for any permanent injury (usually based on an evaluation of limitation). Worker's' Compensation Acts provide for a system of hearings and quasi-judicial determinations by administrative law judges and appeal boards. However, if worker's' compensation is granted, it becomes the only remedy against an employer and does not include general damages for pain and suffering. Thus, an injured worker may waive workers' compensation and sue the employer for damages caused by the employer's negligence. If a third party contributed to the damages, the injured worker may sue that party for damages even though he/she receives worker's' compensation, but recovery may be subject to a lien for moneys paid out by the workers' compensation insurance company. Related Law Termsact of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract contribution :: n. 1) donation to a charity or political campaign. ... f $3,000 from each of his partners. contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment employment :: n. the hiring of a person for compensation. It is ... ployment Workers' Compensation Acts exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant property damage :: n. injury to real or personal property through ano ... l value. See also: damages property proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Wwaive :: v. to voluntarily give up something, including not ... the other state). See also: waiverwaiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained. ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents. watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers. widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband. widower :: n. a man whose wife died while he was married to h ... d to her and who has not remarried. widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will will :: n. a written document which leaves the estate of t ... will and testament probate testator will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful |