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Workers' Compensation, Social Security Disability, SSI, and Genetic Testing

Published online by Cambridge University Press:  01 January 2021

Extract

In addition to disability insurance purchased privately by individuals or employers, three other major types of disability insurance are available: Workers’ Compensation, Social Security Disability Insurance (SSDI), and Supplemental Security Insurance (SSI). The first two, Workers’ Compensation and SSDI, are available to individuals with work connections. The third, SSI, does not require a work connection.

Workers’ Compensation laws were initially passed to provide economic protection for workers and their families when a worker suffered an accident on the job resulting in an injury. The first laws passed were subject to court challenges based on their constitutionality. Ultimately courts approved the constitutionality of the Workers’ Compensation laws rationalizing that the laws created a compromise whereby an employee gave up her right to sue for a tort recovery in exchange for the employer's agreement to pay benefits without regard to the cause of the accident.

Type
Special Supplement
Copyright
Copyright © American Society of Law, Medicine and Ethics 2007

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References

Some large employers are allowed to self-insure. Many states also have pool insurance available for employers unable to obtain private insurance.Google Scholar
Many argue, however, that wages are lower as a result of this type of expense.Google Scholar
This theory does not work very well for non-profits or government employees.Google Scholar
If the disease does not manifest before the statute runs out, then the worker is out of luck in many jurisdictions.Google Scholar
See discussion below on dual causation.Google Scholar
Fewer quarters are required if the individual is under the age of 31.Google Scholar
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20 C.F.R. 404.1520.Google Scholar
There is a slightly different rule for persons employed in sheltered workshops.Google Scholar
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The listings are created based on body part. Currently there are adult and children listings and each set has 13 parts.Google Scholar
42 U.S.C. 423.Google Scholar