Workers Compensation

Employment often results in injuries due to hazardous conditions or accidents. Workers Compensation is mandated by laws and specific rules apply to the collection and award to provide payments to the employee.

5,015 Questions
Abusive Relationships and Domestic Violence
Workers Compensation
Contract Law

Who do you contact for employer abuse?

EEOC -- Employer Equal Opportunity Commission

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Insurance
Workers Compensation

Are you covered by workers compensation while traveling to and from work to home?

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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Insurance
Labor and Employment Law
Workers Compensation

Where can you purchase workman's compensation insurance?

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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Labor and Employment Law
Workers Compensation
Statutes of Limitations

What questions does your previous employer have to answer?

In this climate of litigation, the probability is that most organizations that have been given the proper legal advice will only disclose three pieces of information about you, no matter the quality of the job you did:

  1. Dates you were employed.
  2. Your job description or employment capacity.
  3. Your salary information.

Some information is absolutely prohibited from disclosure:

  1. School records, without your consent;
  2. Criminal history, though this varies from state to state and the nature of the prospective employer (however, your criminal record is public info, available to all);
  3. Medical records, without your consent;
  4. Questions about a disability you may have, unless that disability impinges directly on your ability to perform the job even if the prospective employer makes "reasonable accommodations";
  5. Certain governmental records, such as personnel records of local or state employees in some jurisdictions (Even if not provided by your previous employer, government employee records are public info);
  6. Your history of worker's compensation claim(s).

Your driving record is public record and can be released without your consent.

Legal Realities

Your previous employer does not have to answer any questions. (Remember the First Amendment? Freedom of speech is also freedom not to speak.) The past employer bears significant liability for a defamation action by you if it reveals any information that is both (1) untrue and (2) damaging to you. If the answer prevents your getting the job, it is damaging to you.

As stated at the beginning of this answer, most organizations, particularly large organizations, governmental organizations, and smaller organizations that have been given good advice by lawyers have very strict policies governing what information is allowed to be released about you.

If you are unsure about a potential reference there are several companies that will check your references for you and give a detailed report. Put "reference check" in a search engine and you will discover information about many such businesses.

If the referee is very pleased with you, (s)he may be inclined to give a glowing reference, but, again, the strict policies apply, and in today's era of litigation, the probability is that the organization will remain silent except for the three pieces of information mentioned at the beginning of this answer. Further, the referee that gives out the "glowing" reference may be exposing her or his organization to liability should your prospective employer suffer damages because of you--the present employer may bring an action against the referring employer for failing to disclose the negative information.

One way people gather information about applicants while reducing liability is for an individual person working for the prospective employer, acting, supposedly, "as an individual," to contact the referee at home in her or his capacity "as an individual," so that the referee is not acting as an agent of the organization. That way, sometimes, information flows more freely, but an individual contacted will still fear saying much that is negative about you for fear of a legal action by you, as already described, or a governmental entity, such as the Equal Employment Opportunity Commission (EEOC) or your state's version of the EEOC.

This is a complex topic. The above is, admittedly, a simplification. We recommend you seek some additional information.

There is a good and readable summary of the legal issues (albeit for California only) here:

http://www.esrcheck.com/ESRPublications/Reference_Checking.html

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Homeowner's Insurance
Workers Compensation
Civil Lawsuits
Torts

Can you sue a school for accidental injury?

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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Conditions and Diseases
Workers Compensation
Surgery and Hospitalization
Carpal Tunnel Syndrome

When can you drive after carpal tunnel surgery?

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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Nissan Sentra
Workers Compensation
Business Law

Do you need workmans comp as sole proprietor in ma?

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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Job Interviews
Labor and Employment Law
Workers Compensation

How do you explain being fired due to a workmens compensation issue?

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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Workers Compensation

What is Loss of consortium in workers comp?

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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Workers Compensation

Can you be fired after returning from workers comp?

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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Insurance
Auto Accidents
Workers Compensation

Does company insurance or Workman's Comp cover car accidents while working?

If you were truly injured you probably are covered by your employer. Your car is a different matter though, and workmans compensation certainly won't pay for that.

You have every right to obtain an atty. w/ the expectations of a victory. Even if you are having no luck w/ the ins. co.'s your company is 100% liable for both your physical and vehicle damage loss being as though you were on the job.

I do a lot of errands where I work banking etc. my boss purchased a separate insurance policy to cover my driving while working for him. It was very inexpensive and solved a lot of problems.

you boss bought a non-ownerd auot liabilit not anything esle. this provides liability for the business when you drive.

In the UK - the answer to this question depends on how the RTA that occurs for example:

1. If the vehicle had a defect which cuased your accident your employer is liable. The car is work equipment and a employer has strict liability for accidents from such defects.

2. If the accident was caused by the employee - the employer will have insurance to cover the other innocent driver's injuries, but proabably no the employees.

3. If the RTA was caused by the other driver - the other driver's insurance will pay for the employees injuries.

ANSWER

Your employer is mandated by law to carry Worksman Comp Insurance, which covers you for all injuries on the job, unless, you commited deliberate and negligent act. In this case your claim may be denied.

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Taxes and Tax Preparation
Workers Compensation
California

Is workmanship comp taxable in California?

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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Labor and Employment Law
Workers Compensation

How does an independent contractor sue for wages?

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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Labor and Employment Law
Workers Compensation

What is stock ticking?

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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Workers Compensation
Taxes and Tax Preparation
Income Taxes

Industrial injury compensation is this taxable?

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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Jobs
Job Interviews
Workers Compensation
The Difference Between

If you work temp jobs for a while for personal reasons and therefore have gaps in your employment history will this affect your ability to get a job later?

It's possible that it might be a little bit harder for you to get your first permanent job, but if you have a good resume and references, you will get one faster. After your first job, you will be back on equal ground. Some employers will look at temp as negative and others won't care. Depends on the person and the type of job you are applying for.

If the personal reasons include schooling or something you can list on a resume (self employment, etc), then your "gaps" won't appear so bad.

The concern on the mind of the HR director will be "Is this person a 'job-hopper' and will they leave this company soon after I hire them on?" Your job, in order to obtain a job, is to prevent that question from being a major pitfall. Focus on your accomplishments and achievements. Look at everything you have done in a "professional" light to see a way of presenting it as an additional qualification.

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Insurance
Workers Compensation
State Laws

What is workmen's comp insurance?

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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Homeowner's Insurance
Workers Compensation
Heart

What does 'consent to rate' mean on a workman's comp bill?

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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Jobs for Teens
Labor and Employment Law
Workers Compensation

What is a work permit?

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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Labor and Employment Law
Workers Compensation
Unemployment

Can you file unemployment and workers comp?

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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Workers Compensation
Consumer Rights and Protection

Is workmens comp responsible for the 20 percent your insurance does not pay on doctors bills and prescriptions?

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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Workers Compensation

Does workmans comp cover heart attacks?

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.

187188189
Debt Collection
Workers Compensation
Civil Lawsuits
Missouri

If you sue and get a judgment in your favor what are the methods available for collecting the judgment?

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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Workers Compensation

What is the average workers comp knee injury settlement?

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

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Insurance
Liability Insurance
Workers Compensation

Are contractor's liability insurance policies only written if the policy holder also gets workmans' comp insurance?

Contractor Liability InsuranceNo, You can purchase Contractors Liability Insurance as a standalone coverage.

Many companies offer Contractors Liability coverage with or without your workman's compensation coverage. Depending on the nature of your business structure, you may not even need Workers comp coverage.

It is perfectly fine for you to purchase the two coverages separately. You may however get a better rate if purchased together because some companies will offer you a discount for placing multiple policies with the same company.

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