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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

When you file a workmens comp claim do they check your credit history and do a criminal background check?

They might. If they have reason to believe you have filed a number of similar claims they may investigate you for fraud, and may investigate at random. If you have a legitimate claim, don't let this concern keep you from filing it.

What is the average settlement for knee replacement from workman comp. In Illinois?

l had ulnar nerve surgery at the elbow 4 years ago. my impairment rating was 24 % for my dominant right arm. i/c tried to settle for 10,000 ,my lawyer said no way. by the time it was all said and done i settled for 120,000 with open medical and meds the rest of my life.

If an employer pays the premium on medical insurance and forces an employee to take that coverage is there anything the employee can do if they are covered under another plan?

Contact your human resource or personnel department people. If you have to self-pay for your health insurance coverage at your workplace you may be able to select not paying for it and decline the coverage. It depends on the insurance laws in your state and what is the policy at your workplace. If your employer pays for the insurance for you and you don't have to pay anything then why turn it down? Medical care is very expensive. And if you lose your job you may be able to continue that coverage until you have coverage from a new job.

Can short term disability run concurrently with worker comp?

Most likley not. Workers compensation is for on the job accidents and sickness. Short term disability is for off the job medical events. Some policies offer a rider for on the job accidents. Check your policy to see if you purchased this rider.

How does auto waiver of subrogation work?

Waivers of subrogation work in the same fashion no matter the line of insurance. A waiver of subrogation is one party agreeing who has had risk transfered to it (usually an insurance company) agreeing to not pursue the legal rights transfered to it when a loss occurs against one or more than one party. For example, Bob the builder is working on a contract for Jill the general contractor. Bob the builder has insurance through Builder's Mutual Insurance Co. Jill asks Bob for a waiver of subrogation from his insurance company before she will let him work on her project. Bob asks Builders Mutual for the waiver, and they grant it. They have agreed that if they pay any claims to Bob or on Bob's behalf, they will not subrogate against Jill. This means that if Bob and Jill are both at fault for a claim, or even if Jill is more at fault, or Jill causes a loss to Bob's property, Builders Mutual has agreed in advance to not pursue any action to recover money from Jill. It is a very broad right to give up, and should be carefully considered before accepting. Mark Walters, ARM AAI West Insurance Group mwalters@westagy.com

What is the payout on workers compensation for a back injury?

It would depend entirely on the extent of the injury and the degree of resulting losses you incur.

Is surgery the best solution for Carpal Tunnel?

Check with chiropractors in your area for a second opinion. In particular, locate a chiropractor who performs Graston therapy. I've had success with this method to break up scar tissue in the area that I didn't know I had, and I don't feel I need surgery. Many people don't realize that chiropractors take more hours in medical school than many medical doctors, and can be a valuable addition to your health care regimen.

What questions can a prospective employer legally ask a former employer for a reference check in maryland?

They can ask anything they wish, though there are some limits regarding status that could lead to discrimination. And answers by the former employer may be limited by various privacy statutes, but anything that is a matter of public record can be shared. Most former employers will only confirm the dates of employment and the position(s) held.

Is it true if your workmans comp. case worker said if you get a lawyer your checks will stop?

Not true at all. You are entitled to have legal representation, if you so choose.

The fact that you have received payments from the system would appear to me to indicate that your application has been approved.

Any comments from the case worker, to you, should be discussed with his/her supervisor, to find out the truth of the matter.

Remember, all civil servants have a boss somewhere that they have to report to, who is required to "listen to your complaints, about the case worker" They are NOT a law onto themselves, they have rules that they have to follow, too.

AnswerI don't disagree with the previous poster's assessment. However state's enact workman's compensation insurance laws. In some states if a worker retains legal counsel to file an appeal (or just files an appeal) the benefits can be held until a decision is made. This could possible be what the case worker was referring to, not that an attorney could not be retained; but in appeal's cases benefits can be in a manner of speaking, "frozen".

Additional Information:

It is illegal for an Insurance Carrier / TPA / Employer or anyone else to take punitive action against you because you filed a claim or obtained an attorney. Many states now impose additional penalties on the claim in favor of the claimant if payments are delayed.

Does workman's compensation cover injuries off site?

Only if you're injured during the commission of duties directly related to your job.

Will work mans comp pay to send you back to school?

You can check with your states Workmans Compensation Board, but I doubt it. Workman's Comp was not, is not, meant to be an education subsidy.

You have been on medical leave for 18 months if you are able to go back to work but your job says theres no work can you collect unemployment?

You should qualify in these circumstances, though laws vary from state-to-state. Contact your state's unemployment agency for eligibility requirements and filing instructions.

Is it legal to offer special separation package to regular employees before collective bargaining agreement?

Yes, it is legal to offer special separation package to regular employees. It is their choice whether they chose to take it or not.

Do wedding rings shrink?

As far as I know, also depending on the type of metal you get, wedding rings do not shrink. In the case that your fingers become more swollen, you can always get your ring resized by a jeweler. Likewise, if your finger becomes slimmer, you can also get it resized.

Does Maryland have an an exemption for worker's comp on a subcontractor with a brother working with him?

Even if your state provides an exemption from this, isn't he one of the people you want to protect more than anyone? Doesn't he expect you to take care of him as an employer? Workers' Comp pays lifetime medical for work-related injuries, and can retrain a worker who can't perform his old job any more due to a work-related injury. Even if you provide or he has health insurance, who will pay those premiums if he can't work? Please carry Comp.

How soon will a Chapter 13 voluntary dismissal request become effective?

The dismissal should be entered and the case dismissed within a few days of the time that you or your attorney submit it for filing with the bankruptcy court.

How long can a temporary service keep you as a temporary without offering a permanent position?

As long as they desire. Many companies never make you a full-time employee. When you become full-time they have to pay workman's compensation and other things. It's cheaper for them to have part-time or temporary workers. I agree that the law imposes no per se limit on the length of time an employee may be considered temporary. However, in most states this does not affect legal obligations such as workers' compensation or unemployment insurance. A temporary employee is still an employee. Employers do not pay WC or UI insurance on true independent contractors as opposed to employees. Employer-provided benefits are a different story. Many companies use the designation "temporary" to define the class of employees who are not eligible for these benefits (e.g., vacation, life and health insurance).

How does workers comp in the NFL pay for those on injuried reserve?

Players placed on IR are still paid by the team. Most players have a down amount that is less than their full salary and that is what they are paid while on IR.

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