answersLogoWhite

0

🧑‍💼

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 the difference between direct subcontractor and nominated subcontractor?

a nominated subcontractor, with various provisions for obtaining indemnities by the subcontractor (or Employer) but under the main contractor responsibility and coordination, or

** another contractor, which FIDIC provides the incumbent Main Contractor is required to give site access, etc, etc to but coordinated by the Employer

My own understanding, very simply put is that a nominated subcontractor is actually a "normal" subcontract between Main Contractor and Subcontractor, BUT that the nominated subcontractor is selected by the Employer and price agreed with the Employer directly. That would mean that the Main Contractor has the accountability for the subcontractor, notwithstanding any indemnities.

The Consultant has stated today that in their opinion:

** the nominated subcontractor is selected by the Employer and signs a contract direct with the Employer

** the Employer will secure assurances, bonds / performance sureties and warranties direct with the subcontractor, and

** that the Main Contractor DOES NOT sign a subcontract with the subcontractor

** that the main Contractor will not be held liable for certain specified warranties

My understanding is that the Main Contractor still should sign a subcontract with the nominated subcontractor and assumes the responsibilities of a Main Contractor over the Subcontractor - though the Employer states that the Main Contractor has no liability specified warranty issues and quality (only).

I would believe the Main Contractor still has a number of responsibilities in respect of the subcontractor and their general performance.

The Consultant assures they have checked FIDIC and it is normal for the Employer to sign a subcontract direct with the Nominated Subcontractor.

I would believe in that case it is not a "Nominated Subcontract", but instead a direct supplementary contract between the Employer and their Contractor (secondary contractor)

Can you kindly advise quite simply, the contractual position of a nominated subcontract under FIDIC ...... ie does the Employer sign the contract / subcontract with the Nominated Subcontractor, or is it a subcontract between Main Contractor and Nominated Subcontractor with the normal (in general terms) obligations by the Main Contractor for the Subcontractor, to the Employer.

Can you collect Workers Comp and Disability Insurance in the State of Mass?

Yes, the disability insurance payments can be paid on top of any workers comp payments received, if the policy's benefit is not integrated with any supplemental benefits. If your disability insurance policy is integrated with supplemental disability benefits, then the disability payments will be offset dollar for dollar by any mount received from workers comp or social security. That's why when you get a disability insurance policy, it is advised to include all or most of the disability benefit amount as "base benefit" which does not offset by any supplemental benefits received.

Where can a person go to get advice on injury compensation for back related accidents?

A person can go to a lawyer that specializes in injuries and inquire about compensation for back related accidents. A doctor would also be able to tell who which resources you would need to file an incident report for your back related injury.

Is employee responsible for paying workmens comp?

no, unless you owe them for a fraudulent claim you received funds from.

What is one of the most common injuries that happens at work because of heavy lifting?

The most common work injuries caused by heavy lifting include, in order from most common to least common include:

  • low back / spinal injuries (lumbar, sacral)
  • low back muscular injuries
  • upper back / thoracic spinal injuries
  • upper back / thoracic muscular injuries (often wrapping around to the chest muscles
  • neck / cervical spinal injuries
  • shoulder / arm injuries
  • wrist injuries
  • hip injuries

Most people do not lift correctly. The wrong way to lift is to bend over, pick up a box from the floor, and use the back muscles to stand up straight while bringing the heavy object up and in toward the body or holding the object away from the body.

The right way to lift is to bend the knees and stoop low, grab the object and hold it close to the body, then use the thigh /leg muscles to push oneself to a standing position while keeping the object up close to your body.

What does the employer need to do if you are not sure if an injury happened at work?

Depending on the policies of the company one is working for, and the laws of the state the person is in, an employer generally has 48 hours to submit a Worker's Comp claim, to be covered by the company's insurance. If a person thinks that an injury they suffered is likely to have been work-related, and that injury is significant enough that the medical expenses would cause a financial problem should they handle it themselves, then they should discuss it with their immediate supervisor as soon as possible. For instance: I myself had injured my hand at work one time. It didn't hurt that bad, and I thought I could "walk it off". However, the next night at home, my finger started tingling inexplicably. Knowing this was not a good thing, I called up my boss and, knowing of the incident, he said he still had time to file it as Worker's Comp. It was a good thing he did, since it had turned out I'd chipped a bone in my knuckle, and needed to have my hand kept in a splint for awhile with regular doctor's visits to check up. At the time, I had no insurance and would not have been able to handle the expense myself. - Iszi

Do you have to be injured at work in order to receive workers comp insurance?

Yes you do have to be injured at work to receive workers comp. That is why there are different types of leave from work due to injury. Workers comp is what you claim when injured at work. If you are injured away from work but cannot go back to work you would file under either short term or long term disability depending on how long you were required to be off for.

Is cva a traumatic brain injury?

CVA stands for Cerebral Vascular Accident and is the medical term for a stroke. it is not the same as a TBI or Traumatic Brain Injury

How can one receive compensation for occupational injury?

In UK compensation for occupational injury can be awarded by a Court of Law. To pursue a claim it is usually necessary to engage the services of a lawyer.

Do sole proprietors need workers compensation?

Check the state laws in where the sole proprietor is being operated. It changes from state to state. For example in California requires workers' compensation if there is one employee. But if it is a sole owner with no employees then the insurance is optional. In Alabama and Florida if you have four employees including the owner, then workers' compensation is a must. In Texas workers' compensation is not required at all, but the state does require the employer to post a sign stating that workers' compensation will not be provided.

What are the requirements of visa to Libya for Pakistanis?

There are several requirements to get a tourist visa to Libya for Pakistanis. The requirements are a cover letter, Invitation, medical approval, a copy of CNIC, a copy of your passport and visa fees.

Can you get workmen's comp if fired?

depends on what you did. and depends on how strong your union is. The protections under Workmans Comp are intended to insulate you from retaliation by an employer due to your inability while considered injured--- nothing more... If you violated a rule, protocol, or procedure which would have resulted in your termination under other circumstances, and the violation was not in any way caused by your inability stemming from your injury, then you're on your own... Workmans Comp won't allow you to be insubordinate, unruly, late to work, lazy, intolerant of others, argumentative, or unduly absent from work. It WILL protect you from retaliation an employer may attempt toward you concerning your productivity, if it can be shown that the employer is being unreasonable in expecting of you more than your injury will allow. The protection is NOT a safety-blanket against being fired or laid-off for due cause apart from the injury.

If you have been denied Workmans comp and your short term disability benefits can you file for unemployment in Kentucky?

Because Workers Comp and disability are health issues, you can file for unemployment, but you have to qualify for them under Kentucky's laws like everyone else.

Is a domestic partnership classified as a family for workers compensation?

In the United States, workers compensation insurance is administered by the individual states. If your state recognizes your domestic partner as your legal spouse (e.g., California) and you can jointly file your state tax return, then you are considered family for the purposes of workers compensation. If not, then you are not considered family unless you are related by blood, marriage or adoption.

Which agency collects taxes from workers pay benefits and living expenses for the dependents and survivors of deceased workers?

The Social Security Administration collects taxes from workers to pay benefits and living expenses for the dependents and survivors of deceased workers.

Who are the stakeholders of compensation benefit?

The stakeholders in a compensation benefit are the ones who regulate and hold stock in the company. They have say as to what the benefits are and who they go to.

Does the federal government require emplyees to contribute to the worker's compensation insurance?

No. If you mean state regulated Workers' Compensation coverage, (and don't have it confused with Social Security) the Federal government does not mandate anything about the system and certainly does not require employees to contribute.

My SSN group number is 99 what does it mean?

It means you are from New York or you applied for your SSN in the state of New York.

What special action could Romans take in an emergency?

Rome responded to emergencies by appointing an extraordinary magistrate called dictator, who was not legally liable for his actions and had an absolute authority which went beyond that of the consuls, who were ordinary magistrates and had legal liability for their actions. A dictator could overrule or depose other magistrates and sentence them to death. He could rule by decree and change any law, but these lasted only for his term of office. He could also issue new laws without the assemblies' vote, but these were usually put through a vote. He could punish without trial and was exempt from appeal. He could act without consulting the senate, but he usually did. The word did not have the negative connotation it has now and did not imply despotism. His term was only six months as the office was only for dealing with emergencies. His mandate was established by senatorial decree issued prior to his appointment and was defined by the cause of the appointment. It was 'rei gerundae causa' (for the matter to be done). The most common cause was a military emergency. The dictator was given sole lead of the army. This was done to make military command more efficient or to appoint a man with better military leadership skills. Occasionally, a dictator was appointed seditionis sedandae - for putting down rebellion.

This practice was stopped (with the exception of two instances in the second Punic war) after the wars in Italy because it was feared that a man with such great power would be dangerous if he was far from Rome. It was replaced by the Senatus consultum ultimum, a senatorial emergency decree that allowed the consuls to act as they saw fit. Gaius Marius was elected consul six times, five of which were consecutive (107, 105-100 BC) despite a low that prohibited re-election for 10 years because Rome had to deal with barbarian invasions. Sulla was appointed dictator (legibus faciendis et reipublicae constituendae causa, (for the making of laws and the settling of the constitution) at the end of his was against Marius (82 BC). He had thousands of his political opponents executed. It was this that gave the dictatorship a bad name. In 53 BC, the senate, mindful of Sulla' precedent, appointed Pompey sole consul instead of dictator, to deal with domestic unrest. This made him accountable for his actions at the end of his office. Julius Caesar was appointed dictator four times.