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In California and other states, a portion of worker's comp premiums paid by employers go into the Uninsured Employer's Fund. This fund pays for treatment and compensation of injury victims when the employer is illegally uninsured. Check with your state's labor department or worker's comp board to see if such a fund exists in your state.

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โˆ™ 2005-07-23 22:39:44
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Q: If you have a workers compensation case but your uninsured employer has filed for bankruptcy what should you do?
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Related Questions

How do you obtain Workers Compensation forms?

Your employer should have them, or the local Workers Compensation or State Labor office or an attorney who specializes in Workers Compensation cases.


Can you file bankruptcy on workers compensation premiums?

Yes.


What happens if there is an accident in the workplace and the employer has taken out workers compensation?

Employers are generally required to carry Workers Compensation Insurance. If an employee is injured in the course of employment, Workers compensation pays medical costs and the like and the worker is prevented from suing the employer because of the injury.


How much does workmans compensation cost the employer per employee per week?

The cost will vary according to the workers compensation code for each job description and salary for the job. Your workers compensation insurance carrier should give the employer a matrix describing how each job description is charged. This information can also be obtained from each states workers compensation offices for their district.


Do corporations have to supply workers compensation for employees in the state of California?

Yes, in California failure to have workers' compensation coverage is a criminal offense. In fact, the California Labor Code makes it a misdemeanor punishable by either a fine of up to $10,000 or imprisonment in the county jail for up to one year, or both. Additionally, the state issues penalties of up to $100,000 against illegally uninsured employers. Thus, employees whose companies do not provide Workers' Compensation can file a civil action against the employer in addition to filing a workers' compensation claim.


Can an employer ask you to drop your workers compensation claim after they terminate you?

They can ask, but don't drop it.


Can you discharge Ohio bureau of workers compensation premiums in a chapter 7 bankruptcy?

I am hoping someone has an answer to this


Can my employer deduct from my wages for workers comp?

Depending on the laws of the state, an employer can deduct for Workman's Compensation. Deductions for federal programs such as Workman's Compensation and Social Security are standard deductions.


What is workmans compensation?

In Georgia Workers' Compensation insurance falls under the Workers' Compensation Act which defines the responsibility of the employer to provide prompt medical and disability benefits for injuries sustained on the job by workers. This is insurance that the employer, certain employers, are required to have. This insurance covers the employees who have injuries that result in partial or total incapacity or death. In return, the employer is shielded from tort liability for these injuries. In other words, an employee should receive income and medical benefits and the employer generally can't be sued for the injury. If you have been injured, contact your LOCAL Workers' Compensation Attorney.


Is uninsured motorist coverage necessary for a business auto policy given that employees are covered under the workers' compensation policy?

Most of the coverage for uninsured is for pain and suffering so I would have it.


How long must an employer hold your position while on workers comp?

In Canada the Employer can give your position to someone else for the time you are away, but must give you that position back when you return. However, if you are on and off Worker's Compensation then your Employer has a right to give you another position which you can handle with the condition you have. An Employer cannot fire an Employee that is on Workers Compensation.


Who is responsible for funding workers compensation?

the employer usually pays an insurance policy that covers the employee if they need workers comp leave.


How does Workers Compensation help the employer?

Aside from the fact that if the employer provides Workers' Compensation benefits to his employee, his employee is prevented from suing him for the work-related injuries, providing Workers' Compensation insurance helps you get your worker back to work after an injury which is good for their health and your business. Workers who return to the job as soon as medically possible have the best outcomes: They recover from their injuries faster and suffer less wage loss.


What is the workers' compensation commission all about?

Workers compensation is similar to insurance. If someone is injured while on the job the employer has to pay for wages lost while injured as well as medical expenses.


Are domestic workers covered under a homeowners policy?

No. Homeowners Insurance does not cover Domestic WorkersDomestic workers are covered under the Workers compensation insurance paid by the employer


What has the author Duncan S Ballantyne written?

Duncan S. Ballantyne has written: 'Workers' compensation in Iowa' -- subject(s): Workers' compensation, Statistics, Administration 'Accommodation of disabled visitors at historic sites in the national park system' -- subject(s): Barrier-free design, Historic buildings 'Workers' compensation in New Jersey' -- subject(s): New Jersey, New Jersey. Dept. of Labor. Division of Worker's Compensation, Workers' compensation 'Revisiting workers' compensation in Michigan' -- subject(s): Workers' compensation, Law and legislation 'Workers' compensation in Oregon' -- subject(s): Workers' compensation, Law and legislation, Workers' compensation claims 'Revisiting Workers' Compensation in Missouri' 'Workers' Compensation in Arkansas' 'Workers' Compensation in Louisiana' 'Revisiting workers' compensation in Connecticut' -- subject(s): Workers' compensation 'Workers' compensation in Ohio' -- subject(s): Ohio, Ohio. Bureau of Workers' Compensation, Statistics, Workers' compensation 'Workers' compensation in Wisconsin' -- subject(s): Workers' compensation


How does one develop a compensation plan for injured workers?

People who are in-charge of developing a compensation plan for injured workers usually have to consider different factors such as: Injuries covered by the law like physical, mental, accidental, and occupational disease, who are covered by the worker's compensation law and what is the uninsured employers fund.


If terminated from employment can you still be covered by workers compensation?

yes. If your employer already approved your surgery you can still get it. And your employer should be covering anything for workers comp as long as it happened while you were working there.


Do sole proprietors need workers compensation?

Check the state laws in where the sole proprietor is being operated. It changes from state to state. For example in California requires workers' compensation if there is one employee. But if it is a sole owner with no employees then the insurance is optional. In Alabama and Florida if you have four employees including the owner, then workers' compensation is a must. In Texas workers' compensation is not required at all, but the state does require the employer to post a sign stating that workers' compensation will not be provided.


Why is workers' compensation benefits necessary?

so that the employee doesn't have to sue the employer for medical benefits


Does employer have to notify employee they have been terminated while out on Texas workers comp?

An employer has a duty to inform the employee of an changes to the employment terms. If an employer is out on workers' compensation, and they are terminated, the employer has a duty to communicate that information to the employee and pay that employee any money they have due to them.


How can someone apply for workers comp?

Workers' compensation varies from state to state. Most require a injured or sick worker to notify their employer of an injury within 30 to 45 days of an accident or injury. After the notification, the employer should submit a report to the state worker's compensation board.


Will workers' compensation cover employees that are getting paid in cash and has no social security number?

Yes, believe it or not, it will. The law on workers compensation places the responsibility on the employer, not the employee. The fact that the employer is behaving illegally does not absolve him from his legal responsibilities. If an employee is hurt on the job, he is entitled to workers comp. Now the insurance may not pay, but the employer must. If the employer does not pay a frequent course of action is for the state to pay and fine the employer for far more than the cost of the medical treatment.


Does compensation includes benefits?

In Georgia, Workers' Compensation benefits on an accepted claim cover INCOME and MEDICAL benefits. Those are covered by the WC insurance company. The availablity of other employer offered benefits depends on the employer.


How does a worker apply for Workers Competition Insurance?

Workers compensation insurance is supplied by an employer and can only be used when a person is injured on a job. The employer will file all the paper work and the employee usually doesn't have to do anything.