Workers Compensation

Although workers' compensation was originally designed as protection from accidental injuries, as time passed, additional types of job-related conditions were added.

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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The worker's comp law is slightly different in each state. Basically if an employee is injured in the course and scope of their work, they are entitled to having the cost of medical care paid, and if they miss time from work, they are to be paid for wages they miss. There ARE limits on how much the payments are. You should look up worker's comp for YOUR state.

In order to give you better advice i would first have to know what type of "case worker " you are referring to ... But, to "answer" your question you can simple ask for a new case worker and show cause as to why you are in need of a new one ...

I had back surgery Oct. 30, 2007 (diskectomy L3/L4). While is have been off work, I have received a check from the company insurance company that is 60% of my full pay. However, you should know that NO taxes are taken out of the 60% and that you will NOT HAVE TO PAY ANY TAXES ON THIS INCOME EITHER TO STATE OR FEDERAL AT THE END OF THE TAX YEAR. In other words, I receive 60% of my regular gross pay and pay NO taxes on this income. This is in South Carolina.

Much would depend on the type of shop and how highly the worker was regarded, and the scale of responsibilities.

Your exact rights and remedies will vary from state to state. If you have a claim pending with the worker's comp board, you should ask your attorney if you can add an action for penalies related to the hostile environment. If California, for example, it is illegal to terminate an employee for filing a worker's comp claim and the employer can be ordered to pay penalties and back wages. You can also consider a psych claim. If you experience a psychological injury that makes it impossible for you to work in that environment, you may be able to show that your injury makes it impossible to work in that environment - and perhaps even work at all. Emotional injuries that do not involve corresponding physical injuries must meet a higher level of scrutiny, but they can be done, if the injury is severe enough.

A insurance provided by employers for injured employees.

There is a provision in Texas law whereby an employer may elect not to purchase workmens' comp insurance. About 33% of Texas employers do not have WC insurance.

No one "files for" FMLA. The employer unilaterally grants it or denies it, based only on the employees' status. The employee is not consulted, and need not want FMLA. The employee cannot waive FMLA if the employer grants it.

WorkSafeBC.com is the name of the Workers' Compensation Board of British Columbia. It covers more than more than 200,000 registered employers and 2.3 million workers in the work force of British Columbia.

How you are paid does not determine whether you are a contractor. If you are properly an independent contractor, you can be paid on a 1099.

That will depend on the accounting practices of individual companies. You need to ask the company itself.

Defend yourself to the appropriate agency involved. Under no circumstances take action against the employee. Most states have whistle blower laws that encourage them to report you without any repercussions. you could face sanctions if you do so. if they filed a false report the agency will deal with them or make recommendations to you. Be professional in your handling at all times and objective.

Salary's and benefits

It depends on your state. For example, Texas is the only voluntary state for Workers' Comp. BUT, it, like all states, says that if you don't carry the coverage you remain liable for your workers AND you lose your sole remedy (which means people can sue your company for workers' injuries - not only the worker, but his spouse, kids...)

Not all states say you have to cover 1099 workers, but many do - including the voluntary Comp state of Texas - if your subcontractors don't have coverage (or remain liable.)

Typically, after you are injured at work, an employer will send you to the doctor that is covered by their worker's compensation insurance.

I assume you mean that you were working for the election authority, not for a candidate or a private group of some sort. Election workers are considered appointed state officials for federal income tax purposes. State officials are always considered employees and are never self-employed.

If an election worker earns more than $1500 in 2009, the payments will be subject to Social Security taxes. If a worker earns more than $600, a W-2 must be filed. Payments to election workers are not subject to federal income tax withholding. (The rules are slightly different if the election worker is already a state employee in some other capacity.)

I see no exemption from California taxes for these payments.

If you get a W-2, just treat it like any other W-2. If you don't just enter the amount you received on line 21 of Form 1040 as "election worker pay." You'll see other web sites that tell you to treat this as self-employment income and enter it on Schedule C. That is a patently absurd position from people who have a knee-jerk reaction to the fact that you didn't get a W-2 for the payments. The law specifically exempts election worker payments under $1500 from Social Security and there is no basis for saying that an election judge who earned $599 is self-employed while one who earned $600 is an employee.

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Surgical procedure code for: vertebral corpectomy (vertebral body resection), partial or complete, combined thoracolumbar approach with decompression of spinal cord, cauda equina or nerve root(s), lower thoracic or lumbar; single segment.

3 yrs statue of limitations

Workers Compensation act of 1923 is the answer. That was the doctrine of the notional extension and the spirit behind this provision.

Hi~ It was my understanding that once you resigned your position with your employer that you were no longer entitled to WC benefits....and if your were terminated by your employer before a final closure to your settlement, then that is a whole different legal matter!!

Workman's Compensation Insurance is governed by state laws. Each state has it's own procedures for applying and being qualified for a compensatory or award. The person involved can contact the state Labor and Relations Board for information on the filing of WCI claims.

Contact your state. The department of insurance is a good place to start. Find your state's office at http://www.naic.org/state_web_map.htm.