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EEOC -- Employer Equal Opportunity Commission

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Federal & state laws exempt employers from any liability for employees commuting from home to the day's first work location, and returning home after work is done. No pay, no WC.

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If you are NOT an employee, but rather a business-owner -- who needs to provide coverage -- the answer to this depends on what state you are in. Some states, e.g., Ohio, are "exclusive fund" states. If you do not live in an "exclusive fund" state, there will still be a "state fund" in place. You can purchase your coverage there, or from any private carriers that offer WC coverage in your state. You should check with the agent/broker who handles the rest of your business insurance.

It is extremely important that you deal with an "authorized insurer", meaning one that has the requisite authority to conduct business in the State(s) in which you do business and in which you must provide insurance. Because worker's compensation insurance serves the purpose of shielding your business from most individual liability for work-related claims, the failure to do business with an authorized insurer can leave your business individually exposed to worker injury claims. You should contact the Department of Insurance of your State for confirmation that the insurer that you are considering is authorized to transact worker's compensation insurance business.

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In general, yes. However, as in any such suit, it is the Plaintiff's burden to prove the following elements: (1) the existence of a duty; (2) breach of that duty; (3) proximate causation (but for the breach, an injury would not have occurred); (4) compensable injuries.

Usually, such an action would be for negligence. The concept of negligence is embodied in items 1-3 above and, strictly speaking, is at odds with the concept of a legal "accident". This is because a true legal accident does not contemplate fault--it is something that happens without someone failing to adhere to a legal duty.

Another issue is that if you are dealing with a public school, there is the concept of "sovereign immunity". To make a very long story short, this generally requires the claimant to provide notice of the intention to make a claim in advance of making it. It is not the same as a statute of limitations (the limitations period for a claim against a government entity can be shorter than the statute of limitations for the same kind of cause of action against a private party).

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The next day but you have to take care not to put too much pressure on the hand for a while. You must keep in mind also that in case of accident you may end up having trouble with your insurance . So you had better consult them as well.

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By law, it's optional for sole proprietors. Reality can be different though. In the construction trades most general contractors will require any subs who are sole proprietors to have workmans comp. This is what their insurance companies require. If a sub doesn't have workmans comp the insurance company adds their wages to the gc's bill.

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Don't try. If asked why you left your previous employer, you should give a more generic answer like "your skills not being the right fit for your previous employers needs." Then don't sit there quiet waiting for the interviewer to ask what you mean, keep the flow going by explaining what your skills are that you bring to the table and how it will fit THEIR organization. Maybe end with a question for the interviewer, this will keep the flow and probably change the direction of questioning.

It might be useful to know that the correct word is not workmens but workers. When this change was made several decades ago, it took years and years to get people to use the right word, and at this late date, some hirers for certain kinds kinds of jobs may conclude that you're probably a sloppy thinker if you get it wrong.

what is misconduct at work.

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It can be loss of companionship, a parent, a child, a spouse, or loss of a parent's, spouse's or child's ability to provide for someone else like a parent, child or spouse. Step-family relationships count. In the case of spouses, it can also mean loss of intimacy and physical enjoyment of another.

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Yes, certainly. Nothing about WC law prohibits firing you while absent from work or on your return. WC law prohibits firing you BECAUSE you made a valid WC claim. So, if you work quality, tardiness, insubordination or other offenses earned you fining, no WC law violation.

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In California, generally benefits under Workers' Compensation such as temporary disability benefits are exempt from federal, state or local income tax. Also you don't have to pay Social Security, taxes, union dues or retirement fund contributions when on Workers' Comp.

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D

IC's are not DUE wages; employees are. IC's are due progress payments or completion payments, as specified in their contracts.

Courts will accept contract enforcement suits.

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continually selling small amounts of shares in order to drive the share price down, a common practice by naked illegal short sellers.

sell 100 shares every 5-10 seconds, in illiquid stocks this will cause market makers to drop their bids and the price will continually decline. This is manipulation and the regulators are dropping the ball.

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Amounts you receive as workers' compensation for an occupational sickness or injury are fully exempt from tax if they are paid under a workers' compensation act or a statute in the nature of a workers' compensation act. The exemption also applies to your survivors. The exemption, however, does not apply to retirement plan benefits you receive based on your age, length of service, or prior contributions to the plan, even if you retired because of an occupational sickness or injury.

If part of your workers' compensation reduces your social security or equivalent railroad retirement benefits received, that part is considered social security (or equivalent railroad retirement) benefits and may be taxable. For a discussion of the taxability of these benefits, see Other Income under Miscellaneous Income, later.

Go to the IRS gov web site and use the search box for Publication 525 Taxable and Nontaxable income

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Workers' Compensation Insurance is mandatory for all employers to carry and pay for in all states. (Exceptions for self-insured employers are made; this is another whole topic). Employees are NEVER required to pay any part of the premium for this coverage. It is the EMPLOYER that is 'covered' and the purpose is to protect employers from damages awarded in lawsuits that could conceivably put them out of business. Most workers' compensation laws, in each state, went into effect in the early 1800's, during the industrial revolution, when employees were suffering serious injuries and either 1.) receiving NO compensation at all, or 2.) being awarded compensation via the court systems which generally crippled the employers, thereby eliminating jobs and income for entire companies. States realized that provisions needed to be made that would protect the injured workers and their families, but enable employers to continue operating and providing employment and income. Each state has a department, bureau, commission, etc., that regulates the laws pertaining to workers' compensation. Each state also has a 'state fund', which will provide insurance coverage to employers, for a premium. Forty-eight of the states also have competition with private insurers; three states have 'exclusive funds', meaning only the 'state fund' provides WC coverage: Ohio, Washington, and West Virginia. This means that employers MUST purchase their coverage from the state fund or be self-insured. (They must, of course, show due diligence, showing themselves financially able to be self-insured.)

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Consent to Rate means that the insurance company must have the consent of the insured (i.e. by a signed form) to charge higher than the filed (with the State, if applicable in your state) rate.

**** More information**

To elaborate on the above answer, Florida is a good example of a state that allows Consent to Rate - these forms must be signed prior to binding. the resons for consent to rate would be Unable to Obatin Coverage at the filed rate, Unfavorable loss experience, unusual hazards or claims activity and such.

Source: Commercial Insurance Workers Compensation Expert

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A work permit is a certificate that allows children to work. In many states the age is 16 that you need to be to get one. In other states, such as Wisconsin, Virginia, New York, you can get one at the age of 14. Your parents need to sign it. In most places the permit is obtained through the school. Most fast food jobs will accept an application from anyone with a work permit.

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NO, never. YOu qualify for UI benefits by being unemployed and able to work today. You qualify for WC by being employed and unable to work today becasue of workplace injury.

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If you are talking about the med you get for workers comp pain they do pay the 100% (do not use your ins.)... (doctors visits as well) 100% If you have been injured on the job, Worker's Compensation is responsible for the WHOLE thing. It is not responsible for the 20% copay for your health insurance.

It is illegal for you to file a work related claim on your personal insurance. Such claims must be covered by work comp per the Worker's Compensation Act. If your health insurance finds out, they can demand repayment.

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Workman's Compensation Insurance is regulated by state statutes. A heart attack would be covered if it occurred while the person was performing regular occupational duties.

Maybe. Workman's Compensation Insurance is controlled by the laws of the state in which you reside. Not all states ofer the same coverage, the majority do have survivor benefits. Check the laws governing WCI in your state. or contact the State Labor Relations board.

The key is whether or not the heart attack was 'arising out of employment/in the course of employment'.

In plainer language, did his work 'cause' the heart attack?

That can be a very tricky one, because there is rarely a heart attack that did not have precipitating heart disease, either caused by OR at least exacerbated by diet, lifestyle, genetics and medical history.

However, dependent on the state, it is quite possible that the WC laws will indicate that coverage may be extended when work duties, or even work environment, exacerbates or accelerates an existing injury or illness.

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All states have laws governing the collection of judgments. Those laws have to be followed "to the letter." Wage garnishment, bank account levy, and in some cases property liens can be used to collect money owed. However, many states have laws prohibiting the levy of a bank account if it is a joint account, etc. Also many states do not allow a lien to be placed on real property if the judgment was won in small claims court. The DMV will not suspend a license due to a civil judgment UNLESS it is related to an auto accident case. Debtors are legally entitled to specific exemptions from any judgments. Unless you are well versed in the laws of your state, you should seek legal advice. You could end up on the other side of a lawsuit and judgment.

Another option is a fi fa, this is good for seven years and in most states costs you $7 to renew every seven years. After a ruling against the other party is given, you may file for this in MOST cases. This enables you to have anything the other party possesses auctioned off (usually by the sheriffs office), thus in turn you are given that money. This and garnishing wages are the two most effective and efficent means of recovering your money. I recommend you get another hearing for payment options (usually this is done in civil suits/magistrate court)

Laws to collection judgments will vary from state to state. I posted an article on my blog that covers some of the common methods used to collect judgments in California:

http://www.chs-law.com/2005/02/using-small-claims-court-part-ii.html

I would like to thank you all for the answers to my question, especially my blog I am using this site for the first time and think it is perfect for obtaining Q & A and will be telling all my friends and family about it

Go back to court and request a writ of execution (order for wage execution or attachment of assets, etc.). Once you have obtained the writ take it to your local sheriff for execution. Above all check your state law for the absolutely necessary criteria by which you should proceed in any legal matter. Collection agencies generally get involved prior to judgment.

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The average workers comp knee injury settlement is about $75,000.

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