Legal Dictionary of Pakistan

Federal Employees' Compensation Act

A workers'-compensation law for federal employees. 5 USCA §§ 8101-8152 - Abbr. FECA. See WORKERS' COMPENSATION.

Longshore and Harbor Workers' Compensation Act

A federal law designed to provide workers'-compensation benefits to persons, other than seamen, who work in maritime occupations, esp. stevedoring and ship service. 33 USCA § 901. - Abbr. LHWCA. "Employees who are engaged in maritime-related activities but who do not qualify as 'seamen' may be classified as 'maritime workers' entitled to the benefits provided by the Longshore and Harbor Workers' Compensation Act . . . . Persons covered by the act, which has the attributes of the usual workers' compensation law, include (1) employees injured on the Outer Continental Shelf in the course of mineral exploration and production activities, and (2) employees within American territorial waters who fall within the Congressional definition of a 'maritime worker,' and who are injured on 'navigable waters'." Frank L. Maraist, Admiralty in a Nutshell 44 (2d ed. 1988).

Quod sub certa forma concessum vel reservatum est, non trahitur ad valorem vel compensationem

That which has been granted or reserved under a certain form is not to be drawn into valuation or compensation.

accrued compensation

Remuneration that has been earned but not yet paid.

accrued compensation. See COMPENSATION.

adequate compensation

See just compensation.

adequate compensation.

See just compensation under COMPENSATION.

and workers'-compensation claims arising out of commerce on or over water. - Also termed (in senses 2 & 3) admiralty law. - admiralty, adj.

compensatio

[Latin "weighing; balancing"] Roman law. A defendant's claim to have the plaintiff's demand reduced by the amount that the plaintiff owes the defendant. See SETOFF (2).

compensatio criminis

[Latin] Eccles. law. A defendant's plea in a divorce action, alleging that the complainant is guilty of the same conduct that the defendant is charged with, esp. adultery. See RECRIMINATION.

compensation

n. 1. Remuneration and other benefits received in return for services rendered; esp., salary or wages."Compensation consists of wages and benefits in return for services. It is payment for work. If the work contracted for is not done, there is no obligation to pay. [Compensation] includes wages, stock option plans, profitaharing, commissions, bonuses, golden parachutes, vacation, sick pay, medical benefits, disability, leaves of absence, and expense reimbursement." Kurt H. Decker & H. Thomas Felix II, Drafting and Revising Employment Contracts $ 3.17, at 68 (1991).2. Payment of damages, or any other act that a court orders to be done by a person who has caused injury to another and must therefore make the other whole. 3. See SETOFF (2). compensatory, (kam-pen-sa-tor-ee), compensational (kom-pan-say-sha-nal), adj.

compensation period

. The time fixed by unemployment or workers'-compensation law during which an unemployed or injured worker is entitled to receive compensation. compensatory damages. See DAMAGES.

deferred compensation.

1. Payment for work performed, to be paid in the future or when some future event occurs. 2. An employee's earnings that are taxed when received or distributed and not when earned, such as contributions to a qualified pension or profit-sharing plan.

disability compensation

Payments from public or private funds to a disabled person who cannot work, such as social-security or workers'-eompensat ion heneflts. - Also ter tnc,d ch,, ability benefit.

dismissal compensation

See SEVERANCE PAY.

due compensation

See just compensation under COMPENSATION.

judicial compensation

1. The remuneration that judges receive for their work. 2. Civil law. A court's judgment finding that two parties are mutually obligated to one another and crafting the amount of the judgment in accordance with the amount that each party owes. 0 A claim for compensation is usu. contained in a reconvention demand. La. Code Civ. Proc. 1062. See reconvention demand under DEMAND (1).

just compensation

Under the Fifth Amendment, a fair payment by the government for property it has taken under eminent domain - usu. the property's fair market value, so that the owner is no worse off after the taking. - Also termed adequate compensation; due compensation; land damages.

nonqualified deferred-compensation plan

See EMPLOYEE BENEFIT PLAN. nonqualified pension plan See PENSION PLAN.

unemployment compensation

Compensation paid at regular intervals by a state agency to an unemployed person, esp. one who has been laid off.

unreasonable compensation

Under the Internal Revenue Code, pay that is out of proportion to the actual services rendered and is therefore not deductible.

workers' compensation

A system of providing benefits to an employee for injuries occurring in the scope of employment. ( Most workers' compensation statutes both hold the employer strictly liable and bar the employee from suing in tort. - Also termed workmen's compensation; employers' liability. - Abbr. WC "Workers' compensation laws were designed to provide employees with expansive protection against the consequences of employment related injuries Injured workers no longer had to establish negligence attributable to their employer in order to obtain legal redress They merely had to demonstrate that their conditions arose out of and during the course of their employment "Mark A Rothstein et al Employment law 7.3 at 406 (1994)

workers'-compensation board

An agency that reviews cases arising under workers'-compensation statutes and administers the related rules and regulations. - Also termed workers'compensation commission.

workmen's compensation

See WORKERS' COMPENSATION.