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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.

2,520 Questions

Can you still get your unemployment benefits if you are in prison?

I would say no in Ky. You have to be available to work and you have to be actively looking for employment.

How long and how much is average workers compensation settlement for an L5-S1 lumbar fusion surgery in Illinois?

The average workman's compensation for back fusion surgery in Illinois varies with the severity and number of vertebrae fused. If several vertebrae are fused, the amount could reach as much as $400 thousand.

Does your employer have the right to see all your medical records before your injury?

No that can only be done by the courts.

A little more...As it says above, your employer cannot force you to release medical records. However, they can insist that certain tests and conditions exist (or don't exist) as a condition of employment. Barring very special cases (like HIV/AIDS which is sometimes protected under State law), this is legal.

Do you not get paid for first 3 days of being on workers comp?

Yes, if you were injured at work and workman's comp has recognized that the injury happened at work you should be getting paid. You should be paid for the full amount of time you have to be off work.

Can a person receiving workers compensation benefits file for a tax return?

No you won't likely be receiving a tax return in the mail like you have in the past. The IRS is getting away from providing paper copies of tax returns. You pretty much have to do it electronically these day.

HOWEVER...

If what you are asking is whether you will get a tax REFUND while getting workmens compensation then there simply is not enough information provided to give you an accurate answer. We'd need to know what other income you had as well. We'd need to know HOW MUCH you received in WC. We'd need to know your filing status. We'd need to know how many Exemptions you qualify to claim. All of that just to be able to determine whether you had any Taxable Income or not. Then we could likely determine your Tax on the taxable income. Then we would have to see if you qualified for any "non-refundable credits" that could be used to offset the Tax.

Then we'd have to determine if you were liable for any additional taxes. After all that then we would know your Total Tax figure. We could compare that against your income tax withholdings plus any "refundable credits" you might qualify for to find out if you are going to qualify for a REFUND.

It's not an EASY process and can't be answered just "off the cuff".

How does a person file a workers compensation claim?

To file a worker's compensation claim, one should notify the supervisor immediately of the injury and obtain any necessary medical attention. It's advised not to delay the notification for it will affect potential benefits.

Can an employer force you to use your vacation pay for workman's comp?

That would probably depend on your employer. It should not however, reduce your WCI, benefit.

AnswerI'm not really sure why you would want to use your available vacation pay hours, if the carrier/adjuster is indeed paying you TTD (Temporary Total Disability) or PPD (Permanent Partial Disability)????

It's usually the other way around; people are fighting to NOT HAVE to use vacation pay or sick pay or some benefit other than temporary total disability, which is available under Workers' Compensation provisions.

still yes with no problems!

Do Shareholders of S-corp require Workmans comp?

If you are the sole owner / employee of your s-corp, workers comp insurance is not required in CA, however some companies you do contract work for may require you to have wc insurance or some type of liability or health insurance.

Can you apply for unemployment disability if you will be receiving workmen's compensation?

Workers compensation only applies if you are injured while at work performing your regular duties. You apply for it through the state. Disability insurance is generally sold by insurance companies, except for state disability insurance which only applies to long term situations, and it covers income lost when you are not able to work due to an injury, illness, or other disabilities that prevent you from working. What disability insurance pays or covers depends upon what is included or excluded in the policy. You employer pays for workers comp. You pay for disability insurance. Workers comp is limited by law, how much disability pays all depends on the type of coverage you buy.

How do you find out if your company has workman's comp?

You need to call the insurance commissioner and they should be able to answer your questions. You need to call the insurance commissioner and they should be able to answer your questions.

What is code 8809 in workers compensation?

Under NCCI, it's Construction or Project Manager, and it's Contractor - Executive Supervisor or Construction Superintendent. I don't see anything indicating that the states CA, DE, PA, TX, MI, NJ or NY use a different code (they sometimes do.)

Can you collect both unemployment insurance benefits a pension at the same time in Ohio?

I'm in Alabama, when you file your weekly claim it ask if you have become eligible for or has your pension amout changed. I took my pesion as a lump sum but on the claim it only gives an option of what the monthly amount of your pension would be-which mine would be around $12.45, so that's what I submitted in the claim Sunday. I didn't get any unemployment this week. I'm trying to find out if I will continue to get it or not, but its hard to get to talk to anyone when you try to call.

What is an occupational injury?

An occupational disability is a disability that is believed to be caused by your employment or job duties. This means that the disability is being considered work-related.

Cesar Chavez brought national and international attention to the workers movement through his strike boycott of?

When farm workers initiated the Delano grape strike in 1965, to protest for higher wages, Chavez supported them. Six months later Chavez led a strike of California grape pickers. The United Farm Workers encouraged all Americans to boycott table grapes as a show of support. The strike lasted five years.

Can ssi benefits be garnished by creditors?

The garnishment of WC benefits can be garnished by creditor judgment in some U.S. states. It can be garnished for child support obligations and tax arrearages in all U.S. states.

Is stroke covered by workmans comp?

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.

Can you collect workers comp and short term disability?

NO you can not lose your pay. If you are back to work light duty and need to see the work comp doctor or therapy then you receive your pay and work comp * If you are out of work due to an injury you WILL NOT RECEIVE YOUR REGULAR PAYCHECK from your employer. In a nut shell; you go to work, your employer pays you. If you cannot go to work due to a workmens comp claim you will have to file for comp from the State or the insurer. In the State of Nevada you only receive about 45 cents on the dollar compaired to what you would receive had you worked for your employer. * WCI benefits are paid to a worker when the person cannot perform the duties attributed to his or her job. The employee CANNOT receive regular pay and WCI benefits at the same time.

How much is the total payout for a stress related workers comp claim in the state of California?

average worker's compensation settlement in california for lower back injury with instrumented lumbar fusion l4/l5/s1

Does Workmans Comp insurance have to be paid on tips?

They only have to pay Workman's Comp on reported tips. If you did not report or claim your tips, then there is no proof of them and Workman's Comp doesn't have to pay anything.

What if the company you work for has the office you work out of in the one of the bosses home and you fall at work due to neglect of outside lighting can you get a settlement from the workers comp ins?

You normally do not get a settlement from workman's comp, you are usually treated and they cover the cost through your workman's comp insurance. Depending on the state you live in, once you have agreed to be treated through workman's comp, you can no longer legally sue your employer.

If an employee has to take off from work to see a doctor related to a workman's comp claim does this employee get paid for the time off or do they have to use the sick or vacation time first?

There are 2 answers here - if you have filed a workers comp claim and are waiting for it to be approved YOU can elect to use any sick leave/ vacation leave you have - BUT your employer can't just take it without your permission

IF your claim has been approved- you should be receiving benefits from comp monthly IF your not Ans your claim has been approved you need to find out why!! Your sick leave has nothing to do with comp benefits. However if you elect to use your sick leave then your employer must reinstate the amount you used or pay you for it. Like I stated earlier - you should be getting a check from workers comp ----

Can you still collect unemployment benefits if you get sick and have no other source of income?

No. The only thing you might be able to collect is 'Disability Insurance'. Unemployment Insurance comes into play only when a person has been laid off from active employment - people are not laid off for medical illnesses.

How can one go about claiming compensation for an accident at work?

When you file a claim for Workers' Compensation, in every state your employer must send the adjuster the last 13 weeks of gross earnings prior to the date of the accident. Also if you have any fringe benefits such as health benefits, cost of uniforms and if the employer provides housing as part of your salary. If the employer continues to pay your health benefits, these will not be added in with the wages. If he continues to pay your housing this also will not be added. If you have a concurrent (second) employment and you cannot do the job due to your injuries as verified by a doctor, these wages also will be added to your gross earnings, however it is up to the injured worker to obtain the 13 week wage statement from any second jobs or it will not be counted. All of this is then added and then divided by 13 (thus the average weekly wage). It is then calculated times by 66 2/3 if you are totally out of work per doctor (florida) and this is your comp rate. I am not sure if other states calculate it differently after the 13 weeks are calculated. you can ask your claims adjuster. hope this helps

Do you have to pay taxes on workmans comp in the state of Maryland?

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