compensation claims
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2021 ◽  
Vol 13 (23) ◽  
pp. 13353
Author(s):  
Ying Wang ◽  
Keyuan Zou

The research on marine ecological compensation is aimed to protect the marine environment and sustainably utilize marine ecosystem services, and is an important institutional instrument for coordination of the relationships among environmental, economic and other social interests. The legal mechanism of marine ecological compensation should be an important way to effectively deal with the contradictions (for examples: the value loss of marine ecosystem services, destruction of marine biodiversity, etc.) in marine eco-environmental protection. This paper firstly introduces the case of the “Sanchi” ship accident, which is regarded as the first collision case of a tanker carrying gas condensate in world shipping history, and also provides a detailed analysis of the “Tasman Sea” ship case which is regarded as the first compensation claim for marine ecological damage in China, and makes some related discussions on marine ecological compensation concerning the two cases. Then, the paper probes into the research theme from four aspects: China’s legislative deployment, the legal connotation of marine ecological damage (including the current legal status of compensation claims, subjects of compensation claims, the compensation scope and the evaluation system.), major challenges in legal practice, and remediation of marine ecological damage in China. Finally, the paper provides some suggestions on marine ecological damage compensation for the final settlement in the “Sanchi” case, and tries to explore the future trend of the research theme based on the China’s marine strategy.


2021 ◽  
Vol Publish Ahead of Print ◽  
Author(s):  
Jorge Vicente-Guijarro ◽  
José Lorenzo Valencia-Martín ◽  
Carlos Fernández-Herreruela ◽  
Paulo Sousa ◽  
José Joaquín Mira Solves ◽  
...  

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Xiuming Dong

Abstract An important stylized fact in the literature is that more Workers’ Compensation claims for difficult-to-diagnose injuries are filed on Monday than on any other day of the week. This paper studies the impact of recreational marijuana sales legalization on Monday work injury claims. Using restricted-use Workers’ Compensation claim data in Oregon and a Difference-in-Differences (DiD) model, I find the probability of overall Monday injuries increase by 4 percentage points after recreational marijuana sales legalization. The event study graphs suggest the medium-term effects appear to equal the short-term effects. Additionally, I do not find strong evidence to support those difficult-to-diagnose Monday injuries disproportionately increase after recreational marijuana sales legalization, suggesting a limited moral hazard of Monday injury claiming behavior after recreational marijuana sales legalization.


Author(s):  
Sonja Senthanar ◽  
Mieke Koehoorn ◽  
Lillian Tamburic ◽  
Stephanie Premji ◽  
Ute Bültmann ◽  
...  

This study aimed to investigate differences in work disability duration among immigrants (categorized as economic, family member or refugee/other classification upon arrival to Canada) compared to Canadian-born workers with a work-related injury in British Columbia. Immigrants and Canadian-born workers were identified from linked immigration records with workers’ compensation claims for work-related back strain, connective tissue, concussion and fracture injuries requiring at least one paid day of work disability benefits between 2009 to 2015. Quantile regression investigated the relationship between immigration classification and predicted work disability days (defined from injury date to end of compensation claim, up to 365 days) and modeled at the 25th, 50th and 75th percentile of the distribution of the disability days. With a few exceptions, immigrants experienced greater predicted disability days compared to Canadian-born workers within the same injury cohort. The largest differences were observed for family and refugee/other immigrant classification workers, and, in particular, for women within these classifications, compared to Canadian-born workers. For example, at the 50th percentile of the distribution of disability days, we observed a difference of 34.1 days longer for refugee/other women in the concussion cohort and a difference of 27.5 days longer for family classification women in the fracture cohort. Economic immigrants had comparable disability days with Canadian-born workers, especially at the 25th and 50th percentiles of the distribution. Immigrant workers’ longer disability durations may be a result of more severe injuries or challenges navigating the workers’ compensation system with delays in seeking disability benefits and rehabilitation services. Differences by immigrant classification speak to vulnerabilities or inequities upon arrival in Canada that persist after entry to the workforce and warrant further investigation for early mitigation strategies.


2021 ◽  
Vol Publish Ahead of Print ◽  
Author(s):  
Lindsay S. Scholl ◽  
Matthew S. Thiese ◽  
Rodney Handy

Author(s):  
Ting Xia ◽  
Alex Collie ◽  
Sharon Newnam ◽  
Dan I. Lubman ◽  
Ross Iles

AbstractPurposes Timely delivery of treatment and rehabilitation is generally acknowledged to support injury recovery. This study aimed to describe the timing of health service use by injured truck drivers with work-related injury and to explore the association between demographic and injury factors and the duration of health service use. Methods Retrospective cohort study of injured truck drivers with accepted workers’ compensation claims in the state of Victoria, Australia. Descriptive analyses examined the percentage of injured truck drivers using health services by service type. Logistic regression model examined predictors of any service use versus no service use, and predictors of extended service use (≥ 52 weeks) versus short-term use. Results The timing of health service use by injured truck drivers with accepted workers’ compensation claims varies substantially by service type. General practitioner, specialist physician, and physical therapy service use peaks within the 14 weeks after compensation claim lodgement, whilst the majority of mental health services were accessed in the persistent phase beyond 14 weeks after claim lodgement. Older age, being employed by small companies, and claiming compensation for mental health conditions were associated with greater duration of health service use. Conclusions Injured truck drivers access a wide range of health services during the recovery and return to work process. Delivery of mental health services is delayed, including for those making mental health compensation claims. Health service planning should take into account worker and employer characteristics in addition to injury type.


Author(s):  
Albert Nienhaus

This is an update of our report on COVID-19 among health and social welfare workers in Germany. Workers’ compensation claims for occupational diseases (OD) are recorded in a standardized database of the Statutory Accident Insurance and Prevention in the Health and Welfare Services (BGW). We analyzed which workers in the health and welfare sector are most often affected by COVID-19. For the different sectors in healthcare and welfare, the number of full-time workers is known (FTW), allowing for calculation of claim rates by sector. The period for data presentation was extended to 3 May 2021 for this update. The cumulative number of COVID-19 claims increased from 4398 by May 2020 to 84,728 by May 2021. The majority of claims concern nursing homes (39.5%) and hospitals (37.6%). Nursing is the profession most often concerned (68.8%). Relative to the number of workers, the claim rate is highest for hospitals (41.3/1000 FTW). Seventy-seven workers died (0.09%) and three hundred and seventy-five (0.4%) were hospitalized. A total of 65,693 (77.5%) claims were assessed, and for 81.4% of these claims, the OD was confirmed. The number of health and welfare workers affected by COVID-19 is high. With most HW vaccinated by now in Germany, within the next few weeks or months, the number of new cases should decrease.


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