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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

What are Industrial Tribunals?

Industrial Tribunals are like courts of law, but they deal with employment matters solving disputes between employees and employers

What is the nature of general tortuous liability?

Tortuous liability arises from a negligence of civil duty, patent, copyright infringement or defamation. The important difference between contracted liability and this, is that anyone can claim remedy not necessarily the contracting parties.

Can you sue your employer even if you are getting paid workmens compensation?

Workers compensation is supposed to be the sole remedy if you are injured on the job. ...and unless your employer was GROSSLY negligent, you cannot sue.

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).

Can you draw unemployment if you medically cannot work?

Generally, the answer is no.

The reason is because in order to claim Unemployment Benefits, you must be seeking work - and obviously if you are in the hospital or recovering from surgery you would not be doing that.

You may be able to file for Disability insurance.

What does worker's compensation cover?

Primary benefits include PART of lost wages (it doesn't pay 100% and has a maximum limit, depends on state), medical costs, and can pay to retrain you if you can't perform your old job anymore.

What questions can a previous employer legally answer?

Those that are job related. For example an employer may not comment about an employee's or former employee's sexual orientation.

Why is fairness a cornerstone of the compensation policy?

The fair compensation policy means the fair value of each job in the organization and clear process of reaching this fair value.

Characteristics of productivity bargaining?

There are a number of characteristics of productivity bargaining. Some of them include bilateral negotiations, participation of workers and the management with each arguing their case and so much more.

What does the word right mean?

The word RIGHT has of 33 meanings. If you are using it as "that is right" it means correct. If you say "it is on the right" it means the side of your body that is opposite from left. this list can go on and on..

How do you find the state of Michigan code for allowable exemptions in a chapter 7 bankruptcy?

See link as well as: A dwelling house or mobile home, and the lands on which said structures are situated, with a total exemption not to exceed the lesser of: (i) the total net value of the lands, mobile home, and improvements thereon, or (ii) the sum of $100,000.00. The maximum amount of wages that can be garnished in any work week is 25 percent of the debtor's weekly disposable earnings, or the amount by which the debtor's disposable earnings exceed 30 times the federal minimum wage, whichever is less. $5,000.00 for one motor vehicle. $1,000 for jewelry; $1,500 for implements, professional books, and tools of the trade; and $500 per item (not to exceed $5,000 in the aggregate) for the following items: household furnishings, goods, and appliances held primarily for the personal, family, or household use of the individual or a dependent of the individual; wearing apparel, animals, books, and musical instruments; and family portraits and heirlooms of particular sentimental value to the individual.

Does a general contractor need workmen's comp in Texas?

Texas is the only state in the nation that does not require employers to carry workmens compensation insurance for their employees. All 50 states require Workers Compensation but most if not all allow for some exemptions. However, exemptions, due to number or type of employees, for example, are from carrying insurance, NOT from liability. So before you forgo coverage, make sure you have fulfilled Texas state reporting requirements (you can't just decide not to carry it & not file as such with the state) AND can write a big check if you have a big claim - or a lot of small ones! In Texas alone, an alternative to Comp known as Non-Subscription is available, and in 47 states VOCAL is available as a short term alternative to Comp for volunteers and self employed workers in the entertainment and hospitality industries (conventions, parades, concerts, wedding receptions, football concessions, etc.) To answer your question, though - the answer is no.

How long do you have to be out of work from an injury that happened on the job to be eligible to file a claim for lost wages?

To the best of my knowledge, there is no minimum time you have to be absent before you can collect worker's compensation payments, provided you are missing work due to an injury or illness related to working your position.

Can you quit your job due to health issues and then file for unemployment?

Usually you have to have a really good reason to quit your job and unemployment frowns on that - if it is a health issue why don't you get you doctors notes/forms that you will need anyway and go on sick leave or sick benefits.

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I California, for example, to receive unemployment you must be able, willing, ready and available to go to work. If you had to quit for health reasons, however, you might be eligible for California's equivalent Worker's Comp, called State Disability Insurance (SDI). You could be eligible for work or even non-work related injury, illness, or pregnancy/childbirth. But you could not claim both unemployment and SDI, there. Other states may have similar programs, but you can check out California's in the Related Link below.

What are terms and conditions in Contract of Employment?

The terms are laid out in the contract. The terms would be different for each contract.

Assuming you mean an INDIVIDUAL contract, the employer and contracted employee can negotiate and agree on ANYTHING not prohibited by statute. Usually, wages, benefits, performance bonus, conditions allowing discharge, protection of company secrets, ownership of patents and copyrights developed by the employee.

Is it llegal to get married in Texas at age 14?

The first answer quoting the family code is wrong (that must be an old version because I have 2007-2008 open in front of me as I type). Trooper Davis and the other person are both correct.

Licenses may be issued to anyone over eighteen. If you are between 16 & 18 you need either parental consent or a court order (you have to notify your parent or guardian to give them a chance to appear at the court hearing). If you are younger than 16 you must have a court order or some formal legal emanicipation (court order making you an adult for most purposes, including marriage).

To directly answer the question: No, it is not legal, but having parents consent will go a long way towards getting a judge to allow the marriage.

No, in the State of Texas, you need a parent consent, or the acting guardian. Thank you. Trooper Davis, Harris County

The age is 18 without from a parent or your legal guardian. If under the age of 16, the law requires that the couple receives a court order before being allowed to marry.

Yes, it is legal to get married at age 15 in Texas with parental consent. Without consent you would need a court order, and those are hard to obtain.

From Texas Family Code:

� 2.003. APPLICATION FOR LICENSE BY MINOR. In addition to the other requirements provided by this chapter, a person under 18 years of age applying for a license must provide to the county clerk: (1) documents establishing, as provided by Section 2.102, parental consent for the person to the marriage; (2) documents establishing that a prior marriage of the person has been dissolved; or (3) a court order granted under Section 2.103 authorizing the marriage of the person.

Added by Acts 1997, 75th Leg., ch. 7, � 1, eff. April 17, 1997.

� 2.102. PARENTAL CONSENT FOR UNDERAGE APPLICANT. (a) If an applicant is 14 years of age or older but under 18 years of age, the county clerk shall issue the license if parental consent is given as provided by this section. (b) Parental consent must be evidenced by a written declaration on a form supplied by the county clerk in which the person consents to the marriage and swears that the person is a parent (if there is no judicially designated managing conservator or guardian of the applicant's person) or a judicially designated managing conservator or guardian (whether an individual, authorized agency, or court) of the applicant's person. (c) Except as otherwise provided by this section, consent must be acknowledged before a county clerk. (d) If the person giving parental consent resides in another state, the consent may be acknowledged before an officer authorized to issue marriage licenses in that state. (e) If the person giving parental consent is unable because of illness or incapacity to comply with the provisions of Subsection (c) or (d), the consent may be acknowledged before any officer authorized to take acknowledgments. A consent under this subsection must be accompanied by a physician's affidavit stating that the person giving parental consent is unable to comply because of illness or incapacity. (f) Parental consent must be given at the time the application for the marriage license is made or not earlier than the 30th day preceding the date the application is made.

Added by Acts 1997, 75th Leg., ch. 7, � 1, eff. April 17, 1997.

Six month emigration ban in uae?

The UAE does not have a 6 month Emigration ban; it does however have a mandatory 6 month Labour ban (through the department of Labour).

  • The 6 month labour ban is automatic for any person who fails to complete at least 2 full years of his employment contract with his employer.
  • The 6 month labour ban is automatic for any person who completes more than 2 years of his contract, but fails to receive a Letter of No Objection from his employer (when he/ she wants to change job)

While on light duty from an on the job injury can you be terminated?

When you file forWorkman's Compensation you can be forced back to light duty work. Refuse and you will lose your Workman's Compensation. I know this from first hand experience. I was forced to work six month's after having L5 S1 BAK surgery. I was in constant pain working as a nurse while caring for new born babies. Trust me, you can destroy your back lifting 1 pound or lifting 400 pounds. If your spine is injured you are at risk no matter what amount of weight you are lifting. Whatever your injury the Workman's Compensation Insurance Carrier has complete control over your life. Until you reach the age Compensation stops, or you die, there won't be a day that passes without thought of their cruelty stressing you beyond belief. My injury date 11/22/1999. Still they control my future by denying complete payment as per a Minnesota State Court Judgement.

What compensation range are you looking for?

The amount of compensation received depends upon how serious your injuries are and what other losses you have incurred, including:

* Loss of earnings, including overtime and bonuses * Travel to and from medical appointments * Any medication * Cost of any special equipment or adaptations * Care given by members of your family or others * Damage caused to any of your personal effects At the moment i don't have a personal injury claim but if i did i would like to be looking for anything from £50,000 - £6,500,000. This amount of money would change my life. Actually the figures i gave you would be wrong as i would want more than £6.5m if i could get it.

It does depends though if your injury is a normal personal injury or a serious injury.

I hope the information above is some help to you when your thinking about your compensation amount.

If you cannot work due to a injury can you file for unemployment?

In that situation, technically you'd get disability rather than unemployment. The two are often handled through the same agency, though.

Why did you receive a workers compensation lien conference hearing when case has already been settled?

NOTE: Laws vary from state to state. You should consult with an attorney in your area. If you were represented by an attorney in the action to which your question refers, call that attorney first.

Generally, a WC settlement is the agreement that declares what your work-related injuries are, how much they are worth, and how much the insurance company has to pay.

A "lien conference" probably refers to a determination of the liens against the settlement. Those liens have to be paid from the settlement proceeds before you get your check, generally.

Can a person get fired from a job if you get hurt on the job?

Answer

The answer for this is yes and no.

You must be able to perform the essential functions of the job. If you can, then you might be protected under the Americans with Disabilities Act.

Under the ADA, an employer must try to accommodate you by restructuring the job, or providing modified equipment, or modifying the work schedule etc. But, if any of these changes are quite expensive, so as to cause an undue hardship to the employer, then the employer does not have to go along with the ADA.

If you cannot perform any part of your previous job, then, unfortunately, you can be fired.

Answer

However, if you are fired because you are unable to perform the duties of your job, the company may have to pay for your work-related permenant disability. Get a lawyer or talk to the Dept. of Labor. Essentially, you suffered an injury at work that incapacitated you. (Most companies would rather put you back to work than pay the settlement.)

What is the workmans compensation mileage reimbursement rate for New York State?

As of Jan 2012 the reimbursement rate is .555 per mile. According to Mapquest, which can give you the reimbursement rate from one address to another

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