May
14
Worker’s compensation insurance is very important to any business of any form. No matter what your business does, if you have employees you need this insurance. It covers companies with one employee to thousands of employees and it covers both men and women. It will cover mental injuries that result from a job or physical injuries. It is an important policy for businesses.
Most of this type of coverage protects workers who are doing contract jobs offsite or who get injured on the actual property of the business. Really the only rule that applies is that the employee must actually be doing a job for the business when the accident occurs. They have to actually be clocked in and this applies to automobile accidents as well. If they are driving to or from a job and are still on the clock then it will be covered.
For example, say you working as a roofer for a company. You are using a nail gun and accidentally run a nail through your hand. Now besides that fact that it will hurt a lot, the medical bills will begin to accumulate quickly. There will probably be a fee for the ambulance ride, surgery and rehabilitation. Without workmen’s compensation insurance there could be a long wait before you get these paid for. On top of the wait you might still end up having to pay for everything out of pocket. Workman’s comp is a good policy to have.
Worker’s compensation insurance protects a business from a lot of bills that could occur from an accident. It covers bills, damages and many other things that could occur from an accident. Most often the medical bills are covered; however, sometimes even the lost wages and death benefits are covered under this insurance policy.
One thing that should be paid close attention too is the fact that worker’s compensation insurance is not medical insurance. It will only cover incidents that happen at work or a work related job site. Medical insurance covers any type of medical incident on or off the job, workers compensation insurance does not. On top of this you pay a portion for medical insurance as an employee. Employers cover the cost for worker’s comp. In most places today this type of coverage is required for businesses.
In today’s world companies are required to carry some type of insurance coverage in most places. Besides the fact that it is the law it is a good thing to have. Accidents can and do happen all the time. They are especially likely in a workplace where you use tools and are often on job sites you might be unfamiliar with. In these cases it is often a good preventive measure to take in order to have your business and your employees covered. This will ensure that no one loses any money out of pocket for expensive medical bills that could result from an accident on the job. So cover your company and invest in worker’s compensation insurance.
By: Brantley Graham
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May
10
Workers Compensation Cases
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Work injuries are some of the cases in need of the most immediate attention by a lawyer of any injury or accident case. Financial planners will tell us all until they are blue in the face that we are all supposed to have savings of 1 or 6 months of our monthly expenses. But for most people, that is just not easy to do.
When someone is hurt on the job, their company may, or may not, pay TTD or Temporary Total Disability benefits. This is being paid for your time lost from work while you are injured so that you can continue to pay your rent or mortgage. Increasingly, I have seen more and more injured workers come to me with a work injury case, and they are telling me that their companies are NOT paying TTD. That can put you in a real bind–because now, you are injured and worried about your future, and you ALSO have no money coming in while you heal from your injuries. And, they may also refuse to pay the doctor bills.
In my opinion, too many lawyers do nothing when their client tells them they have no money coming in. Most people do not know this, but the Workers’ Compensation Act in Illinois is a law that covers all work injuries in Illinois.
Rule 19 of the Workers Compensation Act allows for an expedited hearing, even if it is shortly after the accident, to get in front of the Arbitrator assigned to the work injury case, to let the arbitrator know the facts, and to let him or her know that you are not getting paid. The Arbitrator can then order the company to pay.
Sure, there are requirements before going before the Arbitrator–you have to have the medical records in the file and be ready to try the 19(b) or 19(b(1) Petition if the company refuses to be reasonable. And sometimes, it can take several weeks to get in front of an Arbitrator for scheduling reasons. But a knowlegable and aggressive Workkrs Compensation lawyer in Chicago or Illinois knows how to do all of this, and DOES IT WHENEVER HE NEEDS TO FOR HIS CLIENTS.
Another common issue I see in Illinois Work Injury and Chicago Workers Compensation cases is companies or claims companies hiring Nurse Case Managers. These Nurse Case Managers are being paid by the company to–do what, help you? Wrong. They will TELL you that they are trying to help you. But the company hired the nurse case manager to try to influence your doctor against you, to take down notes of any damaging thing you might say, and to push you to return to work, even if you might not be ready to go.
Nurse Case Managers are being paid by companies in Chicago Work injury cases to LIMIT the recovery and save the company money. No other reason. Some of them are very nice and personable–or appear to be. Never forget that their only goal is to hurt your Workers Compensation case.
Here is something that most Workers Compensation lawyers will not tell you: Workers Compensation cases are driven by (1) how much money you earn per hour; and (2) what doctors say.
First, be aware that as a general rule, the more hourly money you make, the bigger compensation you get in a Workers Compensation case. In other words, a guy making $20 per hour is going to be compensated about twice as much as a guy making $10 per hour for the exact same injury, and exact same treatment. It is the way the entire Illinois Workers Compensation Act is set up.
Second, no matter how bad you are hurt, if your doctor does not back you up, we are going to have a fight on our hands. That is why I always tell clients to make sure that they have a good relationship with their doctor. If your doctor is a jerk, treats you bad when he finds out you have an injury case, then choose a different treating doctor. I have literally seen people get less compensation than they deserve, and get sent back to work before they were really ready, all because their doctor torpedoed their case because they did not like lawyers or lawsuits. I see this very often when an employee decides to treat with a company doctor. Treating with a company doctor occasionally is okay, but generally, it is risky and one of the worst things you can do.
Under the Workers’ Compensation Act, you can choose your own doctor to be your treating doctor. You can pick up to two doctors to treat you for your injuries (this actually gets alot more complicated). However, the company can request that their doctor examine and evaluate you. If they request this, they have to make the arrangements, inform you, and pay for your transportation to and from the doctor’s office if it creates a problem for you. You must attend the exam and cooperate or you risk hurting your case.
Of course, these are not all of the pitfalls and dangers facing a Illinois Workers’ Compensation injured worker, but are some of the most important things you need to be aware of. The best way for you to level the playing field s to hire an experienced, aggressive, and ethical Workers Compensation lawyer to handle your claim.
By: Scott Desalvo
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May
9
Workers’ Compensation Benefits
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There might have been a time in your life when you thought you had landed the job of your dreams. There might have also been a time when you were content with what you did because it provided a means of survival for yourself or your family. It is an unfortunate occurrence when someone’s life or the lives of their family are turned upside down by a sudden accident or death.
Those fortunate enough to survive death usually feel incapable of doing normal activities. Many feel powerless both physically and emotionally. Families of victims who have died in a work-related accident may not know where to begin after an accident has claimed their loved ones.
What should be the first step during these hard times? Most of the time, the answer is workers’ compensation benefits. Since many workers who are injured or pass away are also providers for the family, one of the first worries an individual or a family goes through is that of being unable to pay for basic needs. People who find themselves in this position should immediately seek a lawyer who can help compensate a person or family for various damages.
In cases where an individual dies at work, a family will more than likely be eligible to receive death and burial benefits which will be effective the day after the date the person was pronounced dead. Burial costs will be paid on behalf of the employer’s insurance company or by the employer.
The family will also be able to receive a portion of the earnings that had been made prior to the accident. Some family members are dependent on the working family member but are not the children or spouse of the family member. If these individuals can prove that they received a portion of the family member’s earnings prior to the accident, they can be eligible to receive compensation.
In cases where a worker has survived an accident, he or she may be able to file for disability and be compensated for his or her debilitative state of not being able to work and for hospital bills. Individuals who must seek rehabilitative care may be entitled to living maintenance compensation as well.
Although most of the time an employer pays an individual regularly as a result of an accident, he or she may also decide on a lump sum payment, also known as a settlement. An experienced lawyer in settlements and workers’ compensation claims will be able to help individuals and families who face this sort of strife.
By: Joseph Devine
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May
9
An Introduction to Worker’s Compensation
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Once this term was also recognized as “workman’s comp” for short, the term has been changed to a more politically correct, androgynous phrase. Worker’s compensation is essentially an insurance program, consented by law, which protects employees if they become unwell or wounded while carrying out the duties of a job. In some cases, worker’s compensation might as well pay damages to a worker’s family if the employee is debilitated for the long term or fatally injured.
Each state has its own adaptation of worker’s compensation rules and regulation, and state statutes control a given employer’s accountability to workers. State law as well establishes that kinds of injuries and sicknesses are actionable and the kind of award an injured party could anticipate receiving. Federal laws only relate to employees of the national government or those persons who carry out interstate commerce. This covers things like work associated illnesses, falls and other misfortunes in the workplace, but it as well covers harm to employees carrying out business outside the workplace in some circumstances. Just for the instance, if an employee were in necessary to do deliveries as a job function, injuries continued while making a delivery will probably be covered under worker’s compensation.
It does not just cover medicinal costs; it is also planned to put off workers from going through a complete loss of income due to injury or illness that is believed the accountability of the employer. In some cases, the employee might get up to 2/3 of his or her usual wages, all through recovery until he or she is able to return to work. This amount might be greater if the employee is enduringly disabled and unable to resume working. This is generally taken care by hr services, so you need to confirm the services offered by hr as well.
When ever thinking of outsource human resources, company must be extremely apparent with respect to its company’s hopes and requirements. It should evidently explain hr services themselves – in other words, accurately what it wishes to be delivered. It is for perpetuity a high quality plan to estimate these against the present hr services, just about go for a benchmarking exercise. At the very least, this would provide cooperative statistics for use downstream, when indication of suppliers is as well undertaken. It is basically been noticed lot of optimistic result where the organization stands before and after outsourcing Human resources. Path of human resource outsourcing is extremely supportive for any future and established organization.
By: Sam Peter
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May
9
We all know from experience that when the economy takes a turn for the worse and we head towards the bottom of the business cycle unemployment rises. As it rises we find that workers and employees are far more likely to file fraudulent, fake or questionable worker’s compensation claims. Since the large insurance carriers that handle worker’s compensation insurance realize this, they are raising rates now to cover their future risks of handling the onslaught of claims.
Increased costs on mandatory workmen’s compensation insurance for small business means higher payroll costs and that means cutting back on employees. Since, small businesses employ 75% of our workforce and 10% of all Americans own a small business and if every business cuts one employee, well you can begin to see why this issue is so critical to our Nation’s economic recovery right? Why is workmen’s compensation insurance so high?
It’s mostly because of abuses on the system by fraudulent or questionable claims, further promoted by employment law lawyers driving up the costs to defend and litigate. Many construction companies are paying nearly 17% of their payroll for workmen’s compensation insurance now, can you imagine what it will be as it increases. And for an industry like construction which is already been hammered due to the credit crisis and real estate debacle, this could mean the death of many of the companies that are still just barely hanging on.
As if things were not bad enough on small businesses and employers many folks are going to find themselves out of work due to this problem, and many more businesses may fail, leading to further economic decay. Please consider all this.
By: Lance Winslow
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May
6
What is a Workers’ Compensation Case?
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Let’s start at the very beginning: Just what is a workers’ compensation case? A workers’ compensation case is any type of claim where a person has been injured or killed while on the job. The legal requirement is that the work injury arose out of and in the course of employment. The law does not require that a person is compensated for every work injury. You must prove that you were on the job working when you were injured. However, please keep in mind that there are special exceptions like falling in the employer’s parking lot which is also considered a work injury, horseplay which is not considered a work injury, etc.
Under Iowa Law, you need only prove that a work injury caused a material and substantial aggravation of a preexisting condition for it to be considered a work injury. That means just because you have had a prior injury to the same body part, you may still be entitled to benefits.
Also, if you previously sustained a scheduled member injury (arm, leg, etc.), whether or not it was work related, and then you sustain another scheduled member injury then you may be entitled to additional benefits under the Iowa Second Injury Fund. If you qualify for 2nd Injury Fund benefits then the extent of your permanent disability benefits will be based upon the factors used when determining industrial disability just like a back, shoulder, neck or brain injury.
If you are able to prove that you sustained a work related injury, there are 3 basic types of workers’ compensation benefits available:
1. Medical Benefits- Lifetime medical benefits for medical treatment, including doctors’ appointments, prescriptions and mileage expenses related to your work injury.
2. Healing Period/Temporary Disability (TTD/TPD) Benefits- These are the weekly payments made to an injured worker while they are healing from their work injury and are either not able to return to their job, is only able to work a limited number of hours or is not making as much as they were before the work injury work.
3. Permanent Benefits- At some point the doctors will say that you have healed as much as possible which is also known as maximum medical improvement (MMI). At that point, your benefits change from temporary to permanent. If your medical condition heals and you are left with no permanent problems, then you probably do not have a claim for permanent disability benefits. If you have a permanent impairment rating and/or permanent restrictions, then you are likely owed permanent disability benefits. You need an attorney who understands the specialized workers’ compensation laws.
By: Corey Walker
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May
6
New York Workers Compensation Claim Guide
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People injured at workplace can avail benefits of workers comp claim by informing their employer about the injuries. Every state in the U.S has its own Statute of Limitations so one has to inform the employer within a certain time limit in order to receive benefits. The information should include the level of injuries sustained, cause of the injury and some other details associated with the injury claim. One also has to file for a worker’s claim through insurance company or the State.
Workers Comp Law gives justice to the victims of personal injury/accident at place of work. The procedure is very complicated. In many cases the employers ignore safety regulations at workplaces causing serious injuries to the employees. Many employers’ insurance company employ aggressive defense lawyer whose may motive is to nullify or reduce the claim regardless of the injuries suffered.
Methods to prove the claim are:
1. Acquire a medical report from a medical practitioner.
2. Contact a lawyer who specializes in workers compensation.
3. Appeal the case to the State’s workers’ compensation agency as different states have different rules and regulations regarding workers compensation law.
Appealing the claim to the state agency
In case the insurance claim gets denied or reduced by the employer’s insurance company then you have the right to appeal. File the case with the local State agency who would handle the workers compensation appeal. Every state has a different Statute of Limitations. So, appeal your claim within a certain time limit in the state you fall in. Always appeal immediately after the claim is denied by the employer’s insurance company.
Would there be a hearing on the appeal?
Hearing is required if you and your employer are unable to settle the claim. Hence, contact a worker’s comp lawyer to do the needful. If you are injured within New York City then you must contact your Lawyer who will help you receive justice and compensation for your injuries.
By: Norman Wilkinson
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May
5
The Most Dangerous Occupations in 2008
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The Most Dangerous Occupations in 2008
The rise of labor unions and workers’ compensation laws in the first half of the 20th century was in response to a growing concern over the conditions in which employees were expected to perform their occupational duties. The increased use of heavy machinery, for example, was one of the factors that had served to endanger the health and welfare of workers to a greater extent than before. There have been significant improvements in the oversight of workplace safety and in the promotion of safer working environments everywhere through the provision of safety equipment and training. Yet the fact remains that any occupation and any workplace environment may facilitate occupational injury.
Many people would assume that most office-based positions are without risk, for example, but that is because they fail to take into account the totality of the circumstances. It is often the case that workers in office jobs spend a substantial portion of their day confined to a chair and desk at which they engage in intensely repetitive physical motions. Typing may not appear at first blush to be very taxing. But despite the fact that each keystroke may not require much exertion, the concentrated repetition of the same motion can lead to repetitive strain injuries, including carpal tunnel syndrome. Non-obvious dangers such as this lurk in every work setting. Developing an understanding of the breadth of occupational hazards can be critical to elevating workplace safety awareness.
Rates of Occupational Injury
Each year the Bureau of Labor Statistics compiles a report on the occupational “Illnesses, Injuries, and Fatalities” that required an employer to document a workplace incident. It is a massive undertaking that can help to shed light upon occasionally surprising results and which can help to direct attention to industries and specific occupational categories that would benefit from increased vigilance and worker education.
One may be inclined to initially regard intensely physical labors such as construction work as the most dangerous, but the analysis of the data for year 2008 proves otherwise. The following were the most hazardous fields of employment during 2008, as represented by the percentage of workers in a specific occupational category who were subject to a reportable incident in private industry:
Air transportation (8.7 %) Couriers and messengers (8.7 %) Nursing and residential care workers (8.4 %) Hospital workers (7.6 %) Wood product manufacturing (7.2 %) Fabricated metal product manufacturing (7.2 %)
For Help with a Claim
By: James Witherspoon
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May
4
The ABC’s of Workman’s Compensation
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Workman’s compensation, or as it is often called, “Worker’s Comp”, is the name that refer to a system of laws that offers protection to injured workers. Its intended goal is to make sure that anyone who is injured at work receives medical care appropriate to their injury. The laws also provide for recovery of lost wages. When necessary, it provides for the retraining and rehabilitation necessary to return to the workforce. In the event a worker is killed on the job, benefits would extend under most circumstances to the worker’s family.
Although the system of laws governing Worker’s Comp makes recovery of benefits easier than in normal personal injury cases, it is not unusual to need the services of an attorney to protect your rights and to insure that you receive all the benefits to which you are entitled. There are attorneys that specialize in Worker’s Comp laws, and it is advisable to seek one of them. Not only do laws vary from state to state, but often courts vary from city to city, so by all means, if your injury occurs in, say, Boston, than be sure to hire a Boston personal injury attorney to represent you.
There are a few things that could exclude you from coverage under Worker’s Comp laws. Although this does depend on the jurisdiction, employees may lose their benefits if their injuries or death results from either willful misconduct or from intoxication.
In addition to normal Worker’s Comp benefits there are some special federal laws which provide additional protection to certain classes of workers.
—–The Jones Act. Intended for seaman on U.S. flagged vessels
—-The Federal Employment Liability Act (FELA). For employees of railroads engaged in interstate commerce.
—-The Longshore and Harbor Worker’s Compensation Act (LHWCA). For employees of certain classes of private maritime employers
—-The Black Lung Benefits Act. For miners suffering from black lung disease.
It is not unusual for an injured employee to have some difficulty with either their employer or with the Worker’s Compensation system. The employee usually has little knowledge of his rights although the employer is usually pretty sure about them. The employer also has some little tricks up their sleeves for minimizing their liability. The worker is walking through a minefield here, and this is where that Boston personal injury lawyer comes into the picture.
It is hard to even trust the doctor in these cases. Employees are often told they are fine to return to work by a doctor whose loyalty is much stronger to the employer than the employee. Another practice that is sometimes used by employers to limit Workman’s Comp liability is to return the employee to work at a different position. This special position is a promotion that involves much less physical exertion, and the employee accepts it, and then in a couple of weeks he finds himself laid off and the position eliminated. Once he returned to work his Workman’s Comp benefits ceased, and now he has lost them.
The attorney can guide you, and make sure you receive what you have coming to you under the law. These cases are procedural, and are not lawsuits as in non-work related personal injury. However, an exception is made when the injury is caused by a deliberate action of the employer, or when the employer fails to carry Workman’s Comp Insurance even though required by law to do so. You then have the right to sue the employer outside the Workman’s Comp system.
By: Natalie Aranda
About the Author:
May
2
Why Work Comp?
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Introduction
Texas is one of the few states that allow employers to skip Worker’s Compensation insurance protection. Most of the small employers that I encounter are naked on this very important protection for their business. They don’t realize that they are one employee injury away from losing their entire investment.
How Does Worker’s Compensation Protect You?
Insurance is about shifting risk. A Worker’s Compensation policy shifts the risk of a work related injury or illness of an employee from you, the business owner, to the insurance company. Since Work Comp is based on statue (State Law), it is very complete protection. In the unlikely event that a lawsuit attempts to skirt the statue, a Worker’s Compensation policy is matched with Employer Liability Coverage. The price can be high but the protection of your business investment is excellent.
A further protection to the business owner is protection from fraud. There is a high incident of fraud in claims of work related injuries. Most insurance companies that handle this type of contract have fraud investigators that will ferret out false claims.
The trade-off to the hurt employee in the contract is payment for their medical bills, rehabilitation expenses and lost wages from a legitimate work injury or illness. Their rate of compensation is part of the state statue.
What are the Risks of Being Naked on Work Comp?
The Work Comp statue completely strips any legal protection from an employer that opts out of this coverage. You can’t claim any of the common law defenses such as drunk on duty or irresponsible behavior by the employee. Your ability to legally protect your business and save its assets from a lawsuit after a severe employee injury is nil. Your business has unlimited liability to the hurt employee for all the medical bills and potentially their lost income for life. Many lawyers make a good living suing unprotected business owners. Check the phone book for a list.
Real Stories
Here are several real incidents that have happen to my clients to illustrate the employee injury risk:
1. One night at the restaurant, a commotion happens in the parking lot. As the assistant manager ran out to investigate, she was nearly run over by a car speeding into the parking lot.
2. An armed robbery occurs in another restaurant. As two of the employees flee the premise, both of them trip and fall. One is pregant and both are hurt. Luckily the injuries were modest and there was no injury to the baby.
3. A driver, on a rainy day, slips while exiting the truck cab and injuries his hip. Luckily the hip was bruised and not broken. The medical bill was approx. $10,000 plus lost wages for two months. The driver never returned to work leaving the business shorthanded.
4. Driving to a jobsite in San Antonio, an employee rear-ends another auto that stops quickly in heavy traffic. The company car is totaled, but the employee is ok.
5. The driver of a large truck is drinking vodka while driving and in a drunken rage attempts to ram a passing vehicle. The truck misses the other auto and impacts a tree head-on. The truck is destroyed. Surprisingly, the driver’s injuries are minor.
All five of these incidents could have resulted in a business ending lawsuit for employee injuries. The fact that none did is a miracle.
One Injury Away from Disaster, or Safe? – In Texas, it’s your choice
I have had several of my clients tell me that the cost of Worker’s Compensation would make them uncompetitive — either they work (win bids) or buy work comp (but lose bids due to price). This is a real dilemma particularly in the construction contractor market. It is an uneven playing field.
I still must voice the mantra of protection from what I call a “business ending risk.” Winning lots of bids won’t save your business from the lawsuit you will lose and its huge award settlement after a worker is severely hurt in your employment. It’s a choice to shift the risk of an employee injury or illness. I recommend the safety of insurance protection.
By: David Crump
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