Workers Compensation

The general rule would be that a settlment that is to replace income (compared to reimbursing for a loss of something, say eyesight), is taxable income. (Presumably on the grounds that the income it is compensating for would have been taxable, where as reimbursement for a loss wouldn't be). Certainly best to see the specifics of this settlement. I don't believe the fact half of it is assigned to you is really relevant.

I currently have a pending lawsuit against the company i work for. It is a ADA disability discrimination suit. Since filing this suit, I have been consistently harassed in many ways, have had to ward off constant attacks by both management and coworkers and attempts to construe disipline. I was recently removed from plant property for high blood pressure and psychiatric evaluation, because in my attempts to seek aid, they claim I was unsafe in the work place. I have recently been diagnosed with anxiety, just before being removed from work due to this harassment and now high blood pressure. since the company doctor is the one who imposed this, doesn't this qualify as work comp.

Yes, you can get workman's comp for repetitive motion injuries. You may have to proof the extent or seriousness of those injuries.

The short answer is yes! WC is compulsory for everyone. Although your subs can waive workers comp coverage for themselves, this is onlt because they can collect it from you. Furthermore, if your sub hires a sub or and employee and does not have WC then you are on the hook. (NY)

Once a Workman's Compensation claim is approved, payment will then start. Workman's Compensation can either send you a check for your payment or you can set up a direct deposit so the payment will automatically go into your bank account.

I'm actually in the same position that you are as far as workers' compensation. According to my lawyer, the settlement amount is determined by the pecentage of damage to you innjuried area and whether or not you are personally disabled to the point that you cannot provide for your family. You are seen by (3) different doctors. One from the insurance company, one from your attorney, and last the neutral doctor. After being examined, they will then average the percentages and come up with an amount according to a legal-injury book. Then you set a date and go to court. You can either settle or demand more. The choice is yours! I hoped this helped...good Luck

Yes. Kentucky work comp requirements are very specific. If you have one or more employees, you have required to provide work comp coverage for those employees.

Yes, the insurance is kept but you must pay the full amount your employer paid. If not Cobra insurance will be offered at a very expensive rate.

If your injury happened "on the job" and was the result of you performing ordinary activities on the job, you are covered by Workman's Compensation Insurance that your employer is required to provide. Contact the Dept. of Labor for the state where you live, and the division for Workman's Comp.. If still no action hire an attorney. You will fare better if you hire an attorney that specializes in Workman's Comp. cases. The attorney will collect his fee from a percentage of the overall settelment he gets for you.

That's pretty much up to the employer. I'd say "probably not".

If the business has WCI coverage. States make the laws governing WCI, not all business are required to belong. In most cases it depends upon the number of employees, type of business, and so forth. The amount the owner/employer pays for WCI is based upon risk factors, safety history, and other issues.

All 50 states require Workers Comp though most if not all have exemptions. In Texas, you can select a Non-Subscription product that's similar to Comp. Most if not all states allow you to self-insure if you have enough cash to set aside. Even if you exercise an exemption, you remain liable, so make sure you have plenty of cash for work-related injury claims if you don't carry coverage. Also, even if you don't think your employee would sue, their spouse or minor children who have to get through life on your employee's reduced salary if he has a major injury, or without his salary and companionship if he dies, may present an issue. In short, yes, please carry Comp.

Workman's Compensation Insurance is governed by state law. Therefore it is not possible to give a definitive answer without knowing the state of residency. The information can be obtained by contacting the state's Labor Relations Board or the company's union representative if it applies. Please be advised that not all employers are required to participate in the WCI program.
at my husbands job you only have to be off hurt for 3 days and then they can kick in and start filing for the work comp checks and they start that third day so if they have to back pay you then that is what they have to do...

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.

I don't know anything in the Code that requires it.

The EmployER application for Group Medical Coverage asks if an Employer would like to allow an employee to keep coverage for up to 6 months. What if the Employer is only paying a portion of the premium? The Employee would still have to pay his portion.

For a copy of the Blue Cross employer application Question # 10

http://www.quotit.net/eproIFP/webpages/applications/applications_group.asp?license_no=0596610

There is always COBRA

You need workers' compensation insurance if you have employees. You do not need worker's comp insurance if you are a sole owner. In most states, owners of a business are exempt from having workers' comp for themselves. The type of business does not matter. If you have employees, you need comp insurance.

...plus, the venue, whether a city owned street, school or music venue SHOULD require that you carry the coverage on yourself to ensure you don't allege to be its employee if you suffer an injury.

Key considerations for contractors when obtaining workers' compensation insurance include ensuring compliance with state laws, accurately classifying workers based on their job duties, maintaining a safe work environment to reduce risks of injuries, and comparing quotes from different insurance providers to find the best coverage at a competitive price.